The Bail Reform Act of 1984—Conditions When You Can’t Make Bail

The Bail Reform Act of 1984—Conditions When You Can’t Make Bail

Prior to 1984, the bail system in the United States was largely undefined. The Act of 1966 that was used at the time was largely seen as a practitioner’s primer that eventually laid down the framework for the 1984 Act. 

The provisions of the 1966 law made it hard for a common person to be released on bail. This resulted in a huge number of Americans being locked behind bars, creating a long-standing issue for the judicial system. These problems included growing justice system costs and a huge prisoner population.

Here’s how things changed in 1984:

A lowdown on the act

The Bail Reform Act of 1984 came into being because the Act of 1966 didn’t address the shortcomings of the bail system. Violent criminals around the country were still allowed to roam free while carrying a significant risk of committing the same crimes again. 

In 1984, judges were allowed to assess whether or not a defendant posed any danger to the community. This applied to all defendants, except the ones who were charged for capital offenses. 

Furthermore, the law also allowed the judges to hold a hearing or two to evaluate the threat that the accused posed. In the case of violent crimes and drug offenses, a detention hearing was to be held. A judge could only grant bail if they had ‘clear and convincing evidence’ that he or she was of no danger to the community. 

court house

Conditions when you can’t make bail

Section 3142(g) states the facts that the jury must take into account while deciding whether or not to release a defendant. Judges have the right to decline the request for bail if any of the following conditions are violated:

  1. The crime or the offense must not contain violence or the use of a prohibited narcotic drug.
  2. The defendant has a history-related to drug abuse, crime, or not appearing for court proceedings. 
  3. The weight of the allegations against the defendant
  4. The circumstances in which the offense took place 
  5. The degree of seriousness of the crime and whether the release poses an immediate threat to the community
  6. Other factors that are taken into account include the defendant’s character, mental condition, family ties, financial standing, and community ties. 

If the judge finds any of the above-mentioned conditions to be unsatisfactory or doubtful, the request for bail may be turned down. 

If your request for bail got approved and you can’t pay, DeLaughter Bail Bonds can save the day! They are a bail bond agency based in Indiana that offers 24 hours emergency services. Contact them now to learn more. 

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