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The History Of Bail

The United State’s bail system evolved from an English system that was developed in the Middle Ages.

The English parliament passed the Habeas Corpus Act in 1677. Among its provisions, it established that magistrates would set the terms for bail.

In 1689, the English Bill of Rights declared restrictions against what was deemed “excessive bail.”

This Bill of Rights later inspired the Virginia state constitution and the Eighth Amendment to the U.S. Constitution. (You can learn more about the Eighth Amendment from our post here: https://goo.gl/j43hHd)

It is in the Judiciary Act of 1789 that it is stated that all noncapital offenses, which are any offenses that do not carry the possibility of the death are bailable. That act stated that in the case of capital crimes, the option for bail was at the judge’s discretion.

From 1789 until 1966, when the U.S. Congress passed the Bail Reform Act, bail law remained relatively the same. The Bail Reform Act was designed to allow for the release of defendants with as small a financial burden as possible.

The Bail Reform Act of 1984 replaced the 1966 predecessor, closing a loophole that had allowed dangerous suspects to receive bail as long as they didn’t seem to be a flight risk.

The current bail system has evolved for years, and can be daunting when you first approach it. We are here to make it as easy as possible. Visit our website to see the answers to commonly asked questions, and give us a call if you have any that are left unanswered.

If your friend or loved one has been arrested in South Central Louisiana, contact Mud Bug Bail Bonds to get started on the bail bonds process:(337)466-3533.