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Bail Bond: Freedom For Sale
By: Michael Jones

Money In Exchange For Freedom

If you ever need bail in Maryland then you’ll need to have a basic understanding of what it is. What bail bond agents/companies do is post bail for someone accused of criminal charges in exchange for money. This is called the bail bond system. However, other countries reject this kind of practice. In developed countries like Canada, paying an accused person’s bail bond in exchange for money is considered a crime similar to bribery - a form of obstruction of justice.

Many people condemn this type of practice because defendants - who are financially incapable to pay their bail - are forced to pay a non refundable fee in exchange for their freedom. They call the bail in Maryland and the bail bond system itself a profit making business that governs a person’s liberty decision. It also discriminates financially incapable defendants and it takes over the responsibility of the justice system - to make decision whether defendants should be freed or not. This is not so helpful in public safety either because the freed defendant may potentially commit another separate offense or crime.


Bail Bond Business


The bail bond system in Maryland, like throughout the U.S., has its roots in ancient English common law. It was meant to ensure that defendants show up in trials. But by the early 1800s, the United States of America allowed private individuals/companies to post bail for accused defendants in exchange for payment. Since then, commercial bail bond companies have dominated the pre-trial system. Only two countries in the world adhere to this system, the United States of America and the Philippines.

Baltimore bail bond companies earn a large amount of money every year depending on the number of defendants they have to post bail for. The only thing that is risky about it is the fact that the individual or company will pay for the total amount of bail - that is, if the defendant will not appear in court. It is then their responsibility to look for the defendant and bring him/her back to court for trial. To prevent incurring losses in situations like this, the bail bond agent or company asks for collateral from the defendant.


Money Versus Justice

Critics of the bail bond system often say that the fair application of justice should be the utmost priority rather than efficiency and business considerations. They say that the bail bond system is a source of corruption. Bail bond companies could connive with law enforcers, lawyers and even judges - to make sure that they have the best clients and their client’s bail is high.


Effective System

The Baltimore bail bond system may be unfair for the defendants and their family - but it is the most effective system by far. It does not cost the government any money and at the same time it will ensure the defendant’s appearance in court. Plus, the defendant is able to go home and await their day in court.

According to studies, defendants who are under the service of commercial bail bond companies have greater chances to appear in court and greater chances to be tracked down and captured if they flee. The reason may be that commercial Baltimore bail bond companies offer financial incentives, choose their clients well and they have more power.

In many states including Maryland, bail bond companies hire “bounty hunters” to track down fleeing defendants. These bounty hunters could break into the defendant’s home, detain them temporarily and move across states without undergoing extradition process.

 



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Bail Bond: Freedom For Sale
By: Michael Jones
   
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