When a person is presumed innocent until proven guilty, it stands to reason that no punishment should be meted out until there is a final verdict of guilt. And yet it can reasonably be said that pretrial detention, or being put in jail before the case against him is even brought to court, constitutes punishment that argues strongly against any defendant’s right to be presumed innocent until proven guilty.
And yet a defendant’s right not to be punished or put in jail before being found guilty must also be balanced by the court’s interest in making sure that the defendant actually shows up in court for his trial. Sometimes a defendant has that kind of social standing that is an assurance in itself to the court that the defendant will not abscond. Should the defendant post a cash or property bond, on the other hand, the court assumes that defendant’s interest in recovering the money or property he put up as surety will be enough of a guarantee to his attending the court hearings. This “bond” in no way constitutes punishment because the money or property is not being confiscated or taken away by the court. If the defendant does as he promises, to attend the scheduled court hearings, there is a reasonable assurance that any property he posted will not be taken from him. In addition, any amounts of money filed as a cash bond will eventually be returned, less court fees, regardless of whether the defendant is eventually found guilty or not.
In the event, what happens most of the time, given its prevalence in the court system, is that the bail amount set down by the judge is too high for the defendant to afford. In such an instance, his only recourse is to go to a bail bonds san diego downtown company.
There have been a number of criticisms of the bail bond industry to the effect that it is an industry that profits off of people’s misfortune, or that it is a commercialization of the justice system. But to a very real extent, for many people caught up in the criminal justice system, bail bonds is the only way by which they can gain some measure of equality before the court.
Those who can afford to do so will post a cash or property bond and be released by the courts before trial. Those who have the standing for it in the community will possibly be released on their own recognizance. But what about those who do not have that kind of socioeconomic standing in the community, and who cannot afford to pay for their bail? Many of these people turn to bail bondsmen …