Constitutional Right to Bail


Constitutional Right to Bail

Is now under attact.

In November 2015, lawyers for a Washington DC based non-profit organization, Equal Justice Under Law, filed a federal lawsuit in California challenging the constitutionality of the use of bail schedules.  The State of California and City of San Francisco have filed motions to dismiss the matter, which will be heard in early 2016. 

Bail its your rightBail is not just a business in the State of California it’s your constitutional right. (Your 8th amendment) Although Equal Justice Under Law maybe well intended thinking this will bring freedom to the poor it’s really taking away your right to bail and putting your pretrial freedom in the hands of another government worker. 

Let us walk through a typical arrest – in custody to freedom. First a crime is believed to have been commented, the police are called. The police (government workers) investigate and make an arrest based on their investigation. The accused is taken into custody booked, bail is set and the accused will sit in jail until they make bail or the judge releases them in court. This is how the system is set up now:

  1. Arrest by police (government workers)
  2. Booked into Jail  (local Police jail or Sheriff both government workers)
  3. Call a Bondsman to arrange bail (private business that has a direct interest to get you released from jail) or
  4. Go to court and the judge releases you on your own recognizance. (Government worker)

The way Equal Justice Under the law would like to have it is to eliminate the bail bondsman and have another Government official decide if you should be set free or not. They want to take part of your freedom away under the theory that the government knows what’s best for you.

December 27th 2015, the Associated Press published an article about the lawsuit filed by Equal Justice Under the Law (EJLU) in San Francisco. The lawsuit's goal is to rid California of the practice of "money bail" (surety bail).  The article features the motion to intervene filed by CBAA on behalf of its members, bail agents and consumers.

One of your constitutional rights is at stake here. Bail is a constitutional right guaranteed to us by our founding fathers. Stand up and fight for your freedom by doing everything possible to defeat the federal lawsuit in California challenging the constitutionality of the use of bail schedules. Your freedom depends on it. 

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510 Bail Bond is a California Department of Insurance licensed bail company serving the people of California. License # 1845586, 0845586

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