BY | June 27, 2025

Before bail was an option for securing release from police custody, getting arrested often meant facing arbitrary confinement under the criminal justice system. Suspects would remain in jail cells, unsure of when or if they would get out. Fortunately, lawmakers from different generations have sought ways to protect a defendant’s presumption of innocence before the court determines their guilt or innocence. Their pursuit led to the creation of the bail and the bail bonds system.

Bail bond origins in the U.S. have their roots in a long history of English laws and practices. However, over the decades, the bail system has changed. While most people know they can work with a bail bonds company to get out of jail after an arrest, few really understand the evolution of bail bonds and how the bail system has changed over the years. This blog discusses the history of bail bonds, bail bond origins, and how this system has evolved into what we have today.

An Overview of the Bail Bonds System

Bail bonds play a crucial role in the justice system by helping defendants secure their release while they wait for their trial.

A bail bond is a form of surety bond. It is a contract between three parties: the bail bonds company, you, the defendant, and the court. A bail bonds company promises that you will meet your obligations to the court. The contract guarantees that you will attend the scheduled hearings after you receive your temporary release. If you fail to follow through with your promise to attend court, the bail bondsman pays the court up to the bond amount.

Here is how you can use the bail bonds system after an arrest:

First, the arresting officer will take you to the police station to get “booked.” If you have been arrested for a minor offense, like a DUI, you will probably have your bail set right away. But for more serious crimes, it might take a couple of days before you see a judge, who will determine whether you qualify for bail and the bail amount.

When making this decision, the judge can use the county bail schedule or consider certain factors, for example:

• How likely you are to flee the state or country after getting released
• How serious the charges against you are
• If you have family or community connections
• Your past record of skipping bail
• Your criminal history

Once your bail is set, you can “post” it to secure your release until your trial. You can pay the full bail amount yourself or work with a bail bondsman if you cannot afford it.

If you choose a bail bond company, they will charge you a percentage of your bail to cover the full amount, typically 10% of your total bail. So, if your bail is $1,500, you will pay the bondsman $150 to handle it for you.

Also, the bail bondsman might ask for collateral, which they can take if you do not show up for court. Collateral should be valuable items that are worth more than your bail amount. Items like a car, a house, a boat, or expensive jewelry can all be used as collateral to secure your release.

After you show up for your trial, the court returns the bail money to either you or the bail bond company. If you do not show up, you lose your bail money if you paid it yourself. If a bondsman posts it, they lose the whole amount, which is why they hire bail recovery agents, often called “bounty hunters,” to track down fugitives.

The English Origins of Bail Bonds

The history of bail goes back to medieval England. Before the 13th century, it was the local Sheriffs’ duty to decide whether an offender could be held before a court trial or let go with some kind of guarantee to return. As the crown’s representative, the sheriffs had the power to either release or keep suspects in custody. Their authority in these matters meant they could utilize any criteria or consider any factor when deciding if a suspect could secure their release.

Unfortunately, some sheriffs abused this authority. Many people found fault with the corrupt sheriffs’ unchecked power, which eventually led to the enactment of the Statute of Westminster.

In 1275, the Statute of Westminster changed things by taking away sheriffs’ power to choose which crimes were eligible for bail. The statute clearly listed which offenses were bailable and which were not. The amount defendants paid for bail depended on how serious the offense was, their past criminal record, and how likely they were to be convicted of the crime they were accused of.

After the enactment of the statute, bail offered a more hopeful alternative, allowing individuals to avoid spending weeks or even months in a cell. It allowed people who were accused of bailable offenses to secure a temporary release from jail by putting up money or property as collateral. The collateral acted as a financial promise that they would show up for future court dates. This approach was a game changer because it gave individuals from various economic backgrounds a way to avoid long periods in jail before their trial.

The system aimed to create a fair bail posting process that supports the idea of presumed innocence until someone is proven guilty.

Although the provisions of the bail process have changed over time, the basic idea of permitting conditional release through monetary surety still stands as a key element of today’s bail practices.

The 1789 Judiciary Act

The first bail statute approved by the American Congress was the 1789 Judiciary Act. The Judiciary Act was one of the earliest laws that shaped the evolution of bail bonds in the U.S.

It set limits on how judges could decide on bail and clarified which crimes could qualify for it. Basically, it stated that non-capital offenses were qualified for bail, while for capital cases, it was up to the judge to decide if the suspect would be held before trial.

Under the Act, all offenses were eligible for bail, except when the punishment was death. In those cases, bail could only be granted by:

• The Supreme Court
• A Supreme Court justice
• Circuit court
• District court judge

The Bail Reforms of 1966

In 1966, Congress made a major update to federal bail law for the first time since the 1789 Judiciary Act. The 1966 Bail Reform Act stated that non-capital defendants should be released before their trial on their own recognizance or personal bond, except if the judge believes these options won’t ensure they show up.

If that was the case, the court needed to pick the least restrictive option from a list of conditions to make sure they appear. That could include things like travel restrictions, an appearance bond (which gets refunded if they show up), or a bail bond with trustworthy sureties.

There were different rules for those charged with capital offenses or those waiting for sentencing or appeal; they were to be released unless the judge thought no conditions could prevent them from fleeing or posing a danger to others or the community.

The goal of the 1966 Act was to make it easier to release suspects while making sure they show up for trial.

Judges only considered whether the defendant would appear in court when deciding on bail. For non-capital cases, judges could not take into account whether a suspect would be a threat to the public. They could only look at community safety in capital cases or after a conviction.

This part of the 1966 Act faced some criticism, especially in Washington, D.C., where all crimes used to follow federal bail laws. Many people accused of non-violent crimes committed more offenses while out on their own recognizance. They were also often released again on low bail after being rearrested.

In May 1969, the Judicial Council committee examined the problems with the 1966 Bail Reform Act in D.C. They were especially worried about releasing potentially dangerous non-capital suspects back to the public. The committee recommended that judges should consider a person’s risk to the public when deciding on release conditions, even in non-capital cases. Congress agreed with their recommendations and updated the 1966 Bail Reform Act for those charged with crimes in D.C.

The District of Columbia Court Reform and Criminal Procedure Act of 1970 allowed judges to consider community safety and flight risk when setting bail in non-capital cases.

The 1984 Bail Reform Act

The 1984 Bail Reform Act brought significant transformations to the American bail system. It made the process smoother and ensured that defendants showed up for court after being released on bail. The Act also introduced new factors for judges to think about before allowing bail.

For instance, you could not secure bail if you had been charged with:

• A violent crime that could lead to a 10-year prison sentence or more
• A drug crime with a potential sentence of over 10 years
• A crime that could result in life in prison or the death penalty

The court could also deny you bail if:

• You had a history of reoffending
• You had a high risk of fleeing
• You had tampered with witness testimonies

These restrictions were designed to ensure you appeared for court and to protect communities from crime. The 1984 Bail Reform Act added pretrial proceedings to protect those arrested and help judges decide if special circumstances applied.

Current Changes to the Bail Bonds System

The bail system rules have not changed much since the 1980s, but California has had some important updates. The current bail system lets defendants exercise their right to access bail. It also focuses on public safety before granting them freedom on a bond.

In 2021, the Supreme Court decided that setting bail at an amount that defendants cannot pay is unconstitutional. Still, some research shows this legislation has not improved the affordability of bail or reduced the time defendants spend in jail before their cases are decided. In 2018, lawmakers tried to eliminate cash bail, but voters turned down the bill.

Luckily, bail laws are less stringent now, so the court can let you out of jail without requiring bail, which is called an Own Recognizance release. You can get an Own Recognizance release by receiving a citation to show up in court later if:

• The crime is a less serious offense, such as a minor traffic violation
• You do not pose a threat to the public

The Future of the Bail Bond System

If we think about the evolution of bail bonds over the decades, it looks like the future of bail bonds is promising. New legal standards and technological innovations are likely going to shape how the bail system works moving forward.

With advancements like risk assessment and electronic monitoring tools, courts can reduce the reliance on cash bail systems and better handle pretrial releases. These technological improvements also make bail bonds in the U.S. more accessible for everyone. For instance, if you find yourself in jail for a purported crime, you or your loved one can easily reach out to a bail bonds company online to get fast services. With a single online search, you can find trustworthy bail bondsmen available 24/7, so you can get out right after an arrest.

Also, after your arrest, the arresting officer can let you make a call. You can reach out to anyone, including a bail bonds service or anyone who can help you obtain the services of one. Once you get in touch with a bail bonds service, you should share information, like your booking number, so that they can start the bail bond procedure right away.

Find a Trustworthy California Bail Bondsman Near Me

The U.S. bail bond origins have a long history that goes back many decades. The evolution of bail bonds shows our continuous efforts to find the right balance between public safety, fairness, and justice. If you need a trustworthy bail bondsman to help you get out after an arrest, Alana’s Bail Bonds is here for you. Just give us a call today at 619-468-9333, and we will assist you with bail bonds anywhere in California.