| Bounty Hunters School
|
|
9. rights of the accused
- The American system assumes accused persons are innocent until proven guilty.
- The system was designed to make sure that when the accused are arrested that the arrest itself is not tantamount to a guilty verdict.
- Lack of bail makes arrest almost a finding of guilt.
- Due process is guaranteed by the 5th Amendment.
- Reasonable bail is guaranteed by the 8th Amendment.
- Bail bonds in the U.S. are either public bonds or private bonds. Public bonds are:
- Personal recognizance.
- O.R. release, i.e., own recognizance
- Under the public bail there is no one to momtor or watch the criminal defendant while out on bail.
- The cost to this system is born by the taxpayers. There is no liability whatsoever to the accused.
- Private Bail
- Full cash bond. The defendant puts up full cash for the bail bond.
- Property bond. This is where the accused, the member of the family or a friend can
post real estate that has twice the amount of equity of the bond with the court.
- Commercial Surety Bond. Marketed by the free enterprise, crime control bail agent. Under this system the agent will get the criminal back to court on time.
- If not, the bail bondsman will find the defendant and bring him back to court.
- Usually, involves the defendant's family-the families involved serve as an excellent guarantee of the defendants appearnce in court.
- The commercial surety puts the financial burden on himself as well as the family and friends that the defendant will go to court.
|
|
|
