Bond Agents Association Seek To Defend The Constitutionality Of Bail System

A federal lawsuit was filed last year by Equal Justice Under Law against the city of San Francisco. Equal Justice Under Law is a Washington D.C.-based civil rights non-profit organization that claims money bail is unconstitutional. The City Attorney Dennis Herrera said that his office will not be defending the city against the federal lawsuit.

On the other hand, California Bail Agents Association (CBAA) has asked the court to be allowed to defend the state’s money-based bail system. The CBAA has filed a motion to intervene in the lawsuit filed against Sheriff Vicki Hennessey after City Attorney Herrera said that he will not contest the contention that pre-arraignment bail system deprives poor defendants of their right by keeping them in jail because they do not have money to pay for their bail bond.

In its motion, the bail agent’s association said that it is the only party that is willing to defend the constitutionality of the bail system. The association plans to mount a “substantive and multi-pronged defense on the use of surety bail.” The motion states that if the plaintiff’s requested relief is granted, the CBAA’s existing bail bond contracts will be wiped out and the entire constitutionally-approved industry will suffer. It will be detrimental to California’s criminal justice system.

Under the laws of the state, every county is required to post a schedule that will automatically set the amount of bail that defendants need to pay for their release prior to the arraignment. According to Herrera, this creates a two-tiered system for those who have the money to pay for bail and those without. Since it does not make anyone safer, it is not right and has to be stopped. Herrera further said that San Francisco appears to the first government agency that opted out of defending the bail system in court.

Having a friend or family in jail because of a crime can be particularly stressing but Fresno bail bondsman will ensure the release as quickly as possible. In order to minimize the financial burden, different options are offered like credit card payments or payment plans divided into 3 easy payments.