There’s evidence of posting bail as far back as 2700 B.C.
Curious about how far the bail bond goes back and who invented it? Here’s our brief history of bail bonds, worldwide and in the U.S. and Louisiana specifically.
How old is posting bail?
The practice of posting bail (posting money or property in exchange for temporary release pending a trial) isn’t new to the world. The practice dates back centuries, as far back as 2700 B.C.! Archeologists have found ancient clay tablets that describe the process. The tablets were found in ancient Sumer in what is now modern Iraq.
When did the first bail bondsman show up?
The birth of the concept of a bondsman is attributed to a trial in 13th-century England. Earlier than this date, Europe had no formalized criminal justice system. “An eye for an eye” ruled the day, and each courtroom operated independently, with judges doling out punishments as they saw fit. It’s no surprise that many people accused of a crime fled as far as possible.
The introduction of the surety system
A more civilized court system was established around the 7th century, but the accused still fled in high numbers to avoid punishment. The surety system was eventually put in place to prevent all this skipping town business. That meant that the accused were set free pending trial if they found someone to take financial responsibility (in other words, pay the penalty fee) if the accused ran.
Enter the bail bondsman
Naturally, the nobility and the wealthy merchant class had found it easier than others to get their wealthy families and friends to agree to pay surety on their behalf. To give the poorer classes a more fair chance to enjoy the same temporary freedom until the trial, the bail bondsman emerged as a profession in 13th-century England. That person would post money or property in exchange for the temporary release from prison of the accused.
Magna Carta
The Magna Carta, issued in June 1215 in England, was the first document to put into writing the principle that the king and his government were not above the law. Made into law, the Magna Carta was the result of the negotiations between King John and some of his rebellious nobility. It also improved the justice system as a whole, with the surety and bail regulations benefiting from it as well.
Further improvements to the bail bond system
In the late 17th century in England, the Habeas Corpus Act of 1679 and the Bill of Rights of 1689 further improved the bail bond system by prohibiting judges from setting excessive bail. Colonial America had looked up to these improvements, making its own adjustments.
The history of the bail bond in the U.S.
Bondsmen in the United States have been around since the country’s founding, but it wasn’t until the Judiciary Act of 1789 that the first official bail law was adopted. This law was an attempt to regulate the practice, dictating that bail must be set for all crimes that were not punishable by death. This means that everyone not facing a serious crime such as murder had the opportunity to leave jail and return home until their trial date.
The founder of the U.S. bail bond system
This honor belongs to Pete McDonough, who along with his brother Tom, founded the first known bail bond agency in San Francisco in 1898. They weren’t exactly known as reputable characters, but history is history. Since then, many have realized how helpful and profitable this practice could be, and the industry was born, with bail bond agencies proliferating in other cities and states.
The modern days
Bail bond laws had been refined over the years, mostly changing the amount considered fair depending on the nature of the alleged crime. But the bail bond system has remained essentially the same. Although some practices have changed according to individual state laws, the concept is the same across the U.S.
The Bail Reform Act of 1966 relaxed the notion that the accused person can be set free only if they post bail. The passing of the 1966 laws made it so that alleged criminals could freely leave under the assumption that they would choose to return on their own without any incentive (unless there’s enough evidence that flight risk is involved).
Almost two decades later, the government passed the Comprehensive Crime Control Act of 1984, which still allowed people to be freed pending trial without posting bail, but also looked closer at whether the accused posed a threat to the community. It was up to the judge to make the call. Bail became an incentive for the accused to show up for trial, AND also a way to protect the public.
Louisiana bail bond system now
In Louisiana, there’s no constitutional right to bail. Some defendants are not allowed to be released on bail, including those accused of capital offenses where the court determines that the presumption of guilt is high, or if the judge determines there’s a substantial risk that the defendant might flee or pose a danger to the community.
Frequently asked questions about the history of bail bonds
Who invented bail bonds?
The first modern bail bonds business in the United States was established by Peter McDonough in San Francisco in 1898. However, clay tablets from ca. 2750 BC describe surety bail bond agreements made in the Akkadian city of Eshnunna, located in modern-day Iraq.
What is the history of bail reform in the U.S.?
The Bail Reform Act of 1966 allowed the statutory right to release before their trial. It applied to those charged with a non-capital crime.
Who had the largest bail amount ever set?
Robert Durst had his bail set at $3 billion. A real estate heir was arrested in Louisiana on charges of first-degree murder in the death of his friend Susan Berman. He was considered a flight risk.
Find a trusted bail agent: How Bail Bonds St. Tammany can help
Bail Bonds St. Tammany is an owner-operated bonding company with several locations throughout the state of Louisiana. We have been in the industry for over 20 years, and we’re available 24/7. We treat our clients with respect and a firm belief in “innocent until proven guilty.”
We process all bond payments securely and our friendly staff is efficient and hardworking, getting all the required paperwork done as quickly as possible. We do not want you or your loved ones to stay in custody longer than necessary. Our staff will make the entire process of obtaining bail simple and painless. Let our industry knowledge work for you. We offer payment plans, too. To get started, call any of our locations, or fill out an online form.
