Weisberg Law Blog

Bail bonds and the British Empire

When the British were in charge of the 13 Colonies, they did not believe in releasing defendants on bail prior to trial. One of the gripes the Colonists had with the British was being in British custody for many months without trial; that's why the right to "reasonable bond" is in our U.S. Constitution. Article I, Section 8 of our Virginia Constitution says that "excessive bail ought not to be required.”  The reason that I bring this to your attention is that most folks don't like the fact that bail is available to "criminals." A person accused of our most heinous crimes such as child molestation, DUI third offense, or big drug dealing should not be turned loose.  Or should they get bail?  Well, the real problem is when the bailed "criminal" goes out and commits another crime. DUI defendant gets bailed, gets drunk, drives, and hurts someone in an auto accident. Suddenly, our judges and prosecutors start running for cover. Here in Norfolk, one James Moore got bailed and allegedly murdered his ex-girlfriend. The matter is reported in the May 19, 2009 edition of the Virginian Pilot. The man would probably have been bailed anyway. This sort of stuff makes it more difficult to obtain reasonable bond for our clients. I say change the Constitution if you don't like it. Until then, this is the nature of the country that we live in.

Labels: constitution bond released on bail