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Bailbond - A Brief History

Thanks to the bailbond, many people no longer have to wait weeks in jail until their preliminary hearing. It is an exhausting endeavor to sit in jail while an attorney works on your case. If you do not know anything about a bail bond or its history, then you are not alone. Most people prefer it that way. But a little knowledge goes a long way if you are ever in need of bail information.

The origins of the bailbond date back hundreds of years but the first professional, or modern bail agency, was established by Tom and Peter P. McDonough in 1898. There are plenty of reasons why someone would prefer to avoid sitting in jail for days, weeks, or months at a time, while waiting for a judge or magistrate’s ruling. Just think about the lost work revenue as the number one personal reason!

The need for bail bond agents came about as a direct need by the court system. Keeping prisoners was expensive and dangerous. Most jails had hazardous health conditions, were already understaffed, easily escapable and were a burden on an already overtaxed system that did not have the money to house every single person arrested.

Before there were county bail bonds, family members were responsible for posting bail. The first bail bond agent was likely a friend or relative who put up money or property to get you out of jail. Authorities believed that a person was far less likely to skip out on court if they had a physical and emotional connection to the person who put up the bond. If the person jumped bail, meaning they did not show up for court, then the person would lose their property and/or money. If the person showed up to court, then the money and property would be returned.

A bailbond does not prove innocence or guilt. It is simply a way for the person to gain freedom from jail until the court date. There should always be a presumption of innocence until proven guilty. That is one of the inalienable rights given to each person in this country. However, there are some individuals who cannot receive a bond due to the nature of the crime or if the judge deems them to be a flight risk.

By Legal Editor

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