Facts About the Bail Reform Act of 1984

The Bail Reform Act of 1984 sanctions and sets forth the procedures for a judicial officer to order the discharge or incarceration of an arrested individual who is pending trial.

Indianapolis Bail Bonds 317-876-9600

Indianapolis Bail Bonds 317-876-9600


The Bail Reform Act of 1984 is important to our rights as U.S. citizens. Although it has been amended several times, it still stands solid as a form of protection for those being persecuted under state or federal law. Fundamentally, it requires the government to abide by certain rules to ensure a defendant’s rights are not jeopardized. The Bail Reform Act of 1984 mostly affects the detention hearing portion of the criminal justice process. A preliminary detention hearing is the same thing as a bail hearing, except that it only deals with federal level crimes. Bail hearings take place on a state level.

The Bail Reform Act of 1984

(18 U.S.C. §§3141–3150)

Under the Bail Reform Act of 1984, defendants are protected with several procedural rights. Courts cannot deny a defendant a pretrial release unless an adversary hearing is held in which the Federal Government can provide clear and concise evidence that no release conditions “will reasonably assure (…) the safety of any other person and the community.” 18 U.S.C. 3142(e) (1982 ed., Supp. III).

It also ensures that all defendants are granted their constitutional amendments, especially the 4th, 5th, 6th, 8th, and 14th amendment. This includes a person’s right to a speedy and public trial, request an attorney, testify, present witnesses, cross examine witnesses testifying against them, submit evidence, and more. Here are some excerpts of each amendment:

Fourth Amendment (1791)
Protection from Unreasonable Searches and Seizures

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

Fifth Amendment (1791)
Protection of Rights to Life, Liberty, and Property

“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury (…); nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, (…) nor shall private property be taken for public use, without just compensation.”

Sixth Amendment (1791)
Rights of Accused Persons in Criminal Cases

“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.”

Eighth Amendment (1791)
Excessive Bail, Fines, and Punishments Forbidden

“Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”

Fourteenth Amendment (1868)
Rights of Citizenships

“(…) No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws.”

James Woods Knows Your Rights to Bail!

Indiana Bail Bonds

Indiana Bail Bonds 317-876-9600

Call Woods Bail Bonds at 317-876-9600 for prompt and professional bail bond services in Indiana. Owner, James Woods, and his team of licensed and insured bail agents, provide 24 hour bail bonds in over 30 Indiana counties. Regardless of time, day, or city, we can get you out of jail fast, and for as low as 8% of your total bond!

The Exceptions to Your Right to Bail

Indianapolis Bail Bonds 317-876-9600

Indianapolis Bail Bonds 317-876-9600

Usually, anyone under arrest has the right to bail. However, there are some circumstances in which a person in custody would be denied this right. In most cases, this happens because a defendant who is facing felony charges is found to be a danger to themselves or to others. Other reasons involve the severity of criminal charges, criminal history, flight risk, and more. The decision to deny bail is actually very complex and comprehensive. It is a duty that is taken very seriously by the law and by the court system. But it does happen quite often. Learn why, below.

Bail Hearings

In most cases bail is granted. It is generally set directly following a defendant’s arrest at a bail hearing. At this hearing, the bail amount is set by the presiding judge. The amount of bail depends on several factors, including the county’s particular bail schedule, as well as the severity of crime, priors, pending charges, and more. But in some federal cases, bail is denied.

This can be for a number of reasons. Depending on the jurisdiction, guidelines can differ, but it is common for bail to be denied based on a public safety exception. This exception implies that the defendant poses a risk of danger to themselves and others if released on bail before their trial date. This is sometimes referred to as a “protective detention.”

In federal court, the Bail Reform Act of 1984 decrees when judges have the right to deny bail based on the danger risk of a defendant. These protective detentions are permitted by the Act so long as the defendant is being charged with a certain type of federal offense. These offenses include:

Violent Crimes
Crimes Involving Minors
Neglecting to Register as a Sex Offender
Drug Crimes with Maximum Penalty of 10 Years
Crimes with a Maximum Penalty of a Life Sentence
Crimes with a Maximum Penalty of Capital Punishment
Felony Crimes with 2 Prior Qualifying Crimes on Criminal Record
Crimes Involving Weapon Possession or Use

These offenses only make a defendant eligible for denied bail. It does not guarantee that their bail will be denied. A judge must also take into consideration the level of danger the defendant poses to the community and to themselves. They must consider the nature of the crime, the seriousness of the risk they pose to others, and the level of evidence the prosecution has against them, as well as the defendant’s criminal history, personal characteristics, mental illnesses, substance abuse problems, employment, family, and more. If a judge denies bail, they must explain why in a written order. Defendants have the right to appeal the order in a higher court, but these kind of appeal are rarely won.

Indiana Bail Bonds You Can Trust

Woods Bail Bonds

Woods Bail Bonds 317-876-9600

Call Woods Bail Bonds at 317-876-9600 for prompt and professional bail bond services in Indiana. Owner, James Woods, and his team of licensed and insured bail agents, provide 24 hour bail bonds in over 30 Indiana counties. Regardless of time, day, or city, we can get you out of jail fast, and for as low as 8% of your total bond! Request a free estimate, anytime.

What is a Bench Warrant?

Indiana Bail Bonds 317-876-9600

Indiana Bail Bonds 317-876-9600

If you have just learned of a bench warrant, you are surely full of questions. Fortunately, a bench warrant is not exactly like an arrest warrant, where you must answer to it by surrendering to authorities and going to jail. However, there are stiff legal consequences for ignoring or neglecting a bench warrant. In these cases, jail could be a real possibility. Continue reading to learn more about bench warrants, including what to expect and who to talk to for professional advice.

Bench Warrants

A bench warrant is issued by the courts when a person misses their trial. This is called an “FTA”, or “failure to appear.” The word “bench” in bench warrant essentially implies the judge’s seat, and requests that you answer to the court for both your original charge and now for your FTA offense. In contrast to arrest warrants, bench warrants are used for minor criminal cases, mostly citations and similar petty infractions such as traffic tickets or j-walking.

Although police will not be on the hunt for those with a bench warrant, the defendant will have their name entered into a statewide database that notifies law enforcement. This means that a person with a bench warrant can be arrested and taken into the custody by law enforcement if they are ever looked up in the database and discovered, such as in the case that they are stopped for a routine traffic offense or other scenario.

How it Works

Once you are aware that you have a bench warrant, the first thing you need to do is contact your private criminal defense lawyer. They will handle all aspects of your charges and give you step-by-step instructions on what to do in the best interest of your case. However, since most bench warrant cases are not serious, you may not need to contact your lawyer at all, especially if you are not a repeat offender.

Instead, you should contact a local Indianapolis bail bondsman to prearrange bail in your favor. This will save you hours of time and frustration. That is because after you call a bail bondsman, you will need to show up at the jail or county clerk’s office and submit to your bench warrant. This will entail you being taken into custody for processing, paying off court costs and fines for both the original charges and the FTA charge, paying off your bail, and then being issued a new court date. A bail bondsman can expedite this process for you, while also giving you a ride from their office, to and from the jail.

Prompt and Professional Indiana Bail Bonds

Woods Bail Bonds

Woods Bail Bonds 317-876-9600

Call Woods Bail Bonds at 317-876-9600 for prompt and professional bail bond services in Indiana. Owner, James Woods, and his team of licensed and insured bail agents, provide 24 hour bail bonds in over 30 Indiana counties. Regardless of time, day, or city, we can get you out of jail fast, and for as low as 8% of your total bond!