Before we even delve into the realm of the right to liberty vis a vis the role of a Bail Bondsman Oceanside CA, it is impertinent to define a bail bondsman. Now, in the United States and its former Commonwealth-the Philippines, the state recognises persons who pledge property and act as sureties for accused persons who have been accorded bail. A bondsman is usually a person or a corporation that secures the release of defendants, at a fee of course, which is usually a percentage of the total amount of bail-ranging from 10 – 15 % of the total amount of bail.
The Constitution of the United States guarantees protection of the right to liberty of all persons. The fourteenth Amendment to the Constitution states in part that “…nor shall any state deprive any person life, liberty or property without the due process of the law…” The words penned by Thomas Jefferson in the United States Declaration of Independence also categorise the right to liberty as an inalienable right-one that cannot be derogated upon.
From the foregoing therefore, what is the role of a bail bondsman in the light of the right to liberty?
Now, most people do not plan on getting arrested. It happens when you least expect it. You were probably driving your car slightly above the speed limits inadvertently when alas, there comes the police. You then get arrested for over speeding and as fate would have it, you cannot even raise the bail. You will therefore be incarcerated pending your trial. Remember that you are still an accused person and hence any detention that has not been sanctioned by the law, really, is a violation of your right to liberty. It gets worse when you are arrested for an offence whose particulars you are not aware of-probably in a case of mistaken identity. In all these scenarios, you are considered to be innocent unless proven otherwise by a court of law. Being only a ‘suspect or an accused person,’ you should not be incarcerated.
Being cognizant of this right to liberty, a bail bondsman will thus secure your release pending determination of your case. A Bail Bond agent thus serves a very key role in the criminal justice system- one that goes to the very core of the rights of all American citizens.
To summarise the role of a Bail Bondsman in Oceanside CA vis a vis the right to liberty, it is clear that bail bond agents are a necessary link in the realisation of the right to liberty. They act as channels through which the right to liberty is enforced as against the state. They give meaning to the presumption of innocence, which considers all to be innocent unless proven otherwise-not on a balance of probability, but beyond all reasonable doubt-by a court of law.