Should we change the law regarding bail? I think there is a serious flaw in the system?
I believe that the only people who should be allowed to post someones bond is a bail bondsman, the defendents spouse if they are married, or the defendent themselves.
The purpose of bond as I understand it is a collateral of sorts. If the defendent shows up on their court dates, they get their money back, and if they dont show up, they lose it.
But that only works if the accused has a horse in the race.
Lets say I am arrested:
If I post my own bond, I lose the money if I dont show.
If my wife posts my bond, those are joint assets and its ultimately the same thing.
If I call a bail bondsman to come get me out of jail, I still have to put up a percentage myself.
But if my Uncle Ralph comes and bails me out of jail, then it's not me that loses any money if I dont show up in court, Uncle Ralph does.
So why should Uncle Ralph be allowed to come down to the jail and post my bond if it gives me no financial incentive to think twice before skipping town?
That would defeat the purpose of the collateral, so to speak.
- FoofaLv 711 months ago
One assumes that if someone cares enough about you to post your bail than you wouldn't then screw that person over by not appearing in court.
- 11 months ago
How about if you borrow the money from uncle Ralph and then you post it?
- Anonymous11 months ago
It can still be a pretty solid assurance that the person will appear in court even if none of their assets personally are tied into the bond.
If the charges are serious enough that the person is facing a lenghty period of incarceration to the extent the consider fleeing, as no one in their right mind goes on the run to avoid a slap on the wrist, then the bond amount is usually many thousands of dollars, sometimes hundreds of thousands of dollars. It is not unusual for relatives to put their house on the line to satisfy bond.
And if someone is willing to risk all that money to get you out of jail while awaiting trial, knowing full well what happens if you go on the run, then they must know and trust you pretty well.
If your Uncle Ralph comes and bails you out, he is essentially saying:
"I know my nephew very well, and I am so confident that he will not skip out that I am putting up all this money to guarantee it."
If you'e the kind of guy who would screw him, why would he do it?
- martinLv 711 months ago
The reasoning behind the system is that if someone cares enough about you to post bail for you, it means you are a reliable person, because otherwise, you would be costing a family member or trusted friend a lot of money by not showing up in court.