Adams, Broomfield, and Weld County Bail Bonds

When people get arrested it creates all kinds of ripples in their life. Not only may they be facing charges that could disrupt their life and the lives of their loved ones for years, but even if the charges are not terribly serious there could still be fallout that causes damage to personal and professional relationships. One of those is the relationship between the arrested person and their employer. A lot of people wonder just what are their obligations when it comes to informing the company they work for that they were arrested and are now out on bail. Do they have to tell them at all? If they don’t tell them will the city or state notify their employer? Will the bondsman call their boss and tell them what happened? It’s all very confusing but below we’ll try and shed some light on this topic.

Getting arrested is one of the most stressful, disorienting experiences a person can have. In the blink of an eye their nice, predictable world full of friends, family, life and love is turned upside down. They’re taken against their will, confined against their will and face charges that could potentially impact their life for years to come. And while the American system of justice is based on the presumption of innocence it sure doesn’t feel that way when the cell door closes. But that’s why we have bail. Bail ensures that those accused of a crime are able to return to their daily life while they await their court appearance. And the bondsman plays a key role in securing their release. There are those however, who suggest that, if possible, you should always pay your own bail rather than using a bonding agent. But is that really the best thing to do?

The bail bonding system stretches back at least to 13th century England where it took root as a way to protect the rights of people against the overzealous actions of the crown. The powers that be at that time were not above simply imprisoning people they saw as potential threats to their reign. The bail system evolved in response to those kinds of abuse. It ensured a person would be allowed to return home while awaiting their day in court as long as they ponied up a certain amount of cash or collateral. That cash or collateral would then be forfeited if they failed to appear and face the charges against them. The system, while not perfect, has been a bulwark against unjust incarceration for some 800 years.

Bounty hunters are one of the least understood and at the same time, most misunderstood components of the criminal justice system. They’re often thought of as independent wheeler dealers who hang around at the post office reading wanted posters and then enter bars with guns blazing in search of outlaws. But the fact is that in almost every instance the bounty hunter is hired by the bail bonding agent to help track down a defendant who has skipped bail and fled. Many fugitives and would-be fugitives are aware they may wind up with a bounty hunter on their tail. But a large percentage of these ne’er do wells believe they can evade capture if they flee to another state. Is that the case?

When a person is granted bail it comes with one massive condition attached: you must appear at the specified date to face the charges against you. Everyone ever released on bail throughout history has agreed to this condition. Unfortunately some people agree to that condition but then head for the hills as soon as they’re released. When this happens their bail is revoked and they are considered fugitives. The bondsman (who will be in for a prolonged fight to try and recoup his losses from the fugitive’s relatives) hires a bounty hunter to locate and return the fugitive to jail, where he will sit until it’s time for his court appearance. At least, that’s how it used to work.

We've created this Infographic to help explain the bail bonds process.

Everyone is entitled to bail. Aren’t they? That’s the popular understanding and the 8th Amendment to the Constitution, which states clearly that “excessive bail shall not be required”, seems to drive home that point. After all, why mention bail at all if it’s not a fundamental right? While that seems like a logical conclusion a closer inspection of the 8th Amendment reveals the founders left plenty of room for interpretation in their wording. After all, it doesn’t say anywhere that “all suspects shall be offered bail”. Only that any bail that is offered can’t be excessive. As a result, people are often shocked to learn they have been deemed ineligible for bail and that they’ll have to remain in custody until trial.

The system of bail we use in the United States is a direct descendent of the medieval system of bail that arose from English Common Law. Bail is such an important aspect of our criminal justice system that the 8th Amendment to the constitution states clearly that excessive bail shall not be imposed. Over the past 50+ years two important pieces of legislation have attempted to reform the bail system. The 1966 Bail Reform Act created a statutory right to bail, while the Bail Reform Act of 1984 gave the government the right to deny bail in certain circumstances. But even these well-meaning attempts to clarify what bail is and what it means today have failed to quiet the discord around the subject. Below we’ll take a look at the essence of that discord and whether bail opponents have a point.