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What is Bail?
The Bill of Rights of the United States Constitution was intended to guarantee certain rights to all persons of this country. While the English common law system allowed bail, it was generally only for those of the very upper class and even then was substantially discretionary.
The Eighth Amendment of the United States Constitution provides that: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
The popular perceptions about bail agents are that they get people out of jail strictly out of greed and without consideration for public safety. The reality is different. The various courts, depending on the courts’ jurisdiction, set the amount of bail. A bail agent is paid a premium or fee to insure that a criminal defendant, released into the custody of the bail agent, fulfills the obligation to appear for subsequent hearings and for trial, as ordered by the court. A bail agent never releases a defendant from jail – rather they are paid to insure the appearance of the defendant. If the bail agent fails to have the defendant in court at the proper time and place and cannot seize him and deliver him, the agent must pay the face amount of the bail bond to the Court.

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