DOJ Takes on Fixed Bail Amounts

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The purpose of bail is to ensure that a person charged with a crime will appear in court on their appointed date. The idea is that the defendant pays the bail so they can be move about freely before the trial and then get the bail back at the end, provided they show up. Those who can’t or don’t pay the bail sit in jail until the trial.

But that system can be unfair. Some states, like Georgia, have predetermined bail amounts for offenses, like $160 for “being a pedestrian under the influence.” Especially for indigent people, being unable to cover that bail amount can result in being trapped in jail while they wait for their trial. Depending on the schedule of the court, that trial could be a while in the making.

The Department of Justice has said in a court filing that holding a defendant just because he or she can’t afford a preset bail is unconstitutional. The DOJ is arguing that courts must assign reduced bails that can be afforded, allowing defendants to have freedom of mobility leading up to their trial. They’re arguing that fixed bail laws violate the Fourteenth Amendment.

The Department of Justice is being opposed by the city of Calhoun, Georgia, as well as by the Georgia Sheriff’s Association and a national organization representing bail bondsmen. All three groups have a vested interest in preserving the status quo, especially bail bondsmen, who make their profits from the interest in bail fronted for defendants.

The case is currently in appeals, after having been decided against the city previously, and it is the first time that the DOJ has made such an argument in a federal appeals court. It is in line with President Obama’s move encouraging courts to discontinue fixed bail amounts for defendants who are incapable of paying them.