The venerable and reliable cash bail system has seen many changes over the centuries. This latest wrinkle is a good example of these changes.

Police have arrested hundreds of people during George Floyd and other protests. Frequently, low-income individuals cannot afford bail. So, groups like the Minnesota Freedom Fund have seen an unprecedented donation increase. Board member Steve Boland said the group received a staggering $31 million in June 2020. Other organizations have similar stories.

Additionally, bail fund nonprofits serve as resource groups for individuals who do not have a bail bonds partner to help them navigate the pretrial release system. The coronavirus pandemic has created “utter chaos” in many police precincts, according to Chicago criminal defense lawyers Molly Armour. Extremely long hold times and wait times are the norm.

There have been some growing pains. Scammers have solicited donations, bail funding groups sometimes squabble over politics, and almost all large sums of money donations go to groups in big cities. Nevertheless, these groups say they are in for the long haul. “We expect these arrests (protest) are probably going to continue for some time,” Boland remarked. If you are struggling to pay your bondsman try calling your local non-profit agency that pays bail for people in need helping to reunite families and restoring the presumption of innocence in America’s pre-trial system.  

Why Do We Have a Cash Bail System?

For most of history, the criminal and civil justice systems overlapped. Some of that overlap remains today. Domestic violence is both a civil and criminal matter, at least in many cases.

Anyway, back in merry old England, a criminal charge usually meant a fine or perpetual imprisonment in the Tower of London. A criminal conviction could also have meant exile to America or Australia, but that’s the subject of a different blog. Obviously, the Tower of London was only for the worst of the worst offenders. That means almost all defendants faced a fine.

In those days, paying cash bail essentially meant paying the fine in advance. Then, if a court found the defendant not guilty, the defendant got that money back. 

The presumption of innocence, an idea which first took root in the fifteenth century, changed all that. If people are presumed innocent, they should not be punished in advance, even if this punishment is reversible. Then as now, paying a few thousand dollars, or even a few hundred dollars, is very problematic for many people. Nevertheless, the cash bail system remained in place, albeit with a different objective. Then as now, money was such a valuable commodity that its potential loss effectively convinced people to be on their best behavior.

Today, this system, especially when you secure your bond in Montgomery and Robertson County with Fizer Bonding Company , (bail bond near me) is a quick, affordable and effective way to guarantee the defendant’s appearance at trial and good behavior while awaiting trial, at least according to most people. 

The high number of unsentenced inmates has prompted many people to point out inequities in the cash bail system. According to one study, prisoners awaiting trial or disposition account for about 40 percent of the Tennessee jail population. That percentage is almost twice as high in Arizona, Texas, Iowa, and a few other states. The unsentenced inmate issue, along with a few other problems, has prompted some advocates to push for radical change, including the elimination of Clarksville, TN bail bonds companies.

But not so fast. These figures might be a bit misleading. Many of these individuals are probably on their way out the door, thanks to a Clarksville, TN bail bondsman. At Fizer Bonding Company , we believe that an impartial limited release system, such as a cash bail system, is an effective compromise between locking up all pretrial detainees and letting all of them go.

Why Are Protestors Arrested?

People have a fundamental right to protest. This country was built on a protest against English rule. But freedom usually has limits. Most protestors are arrested not for the act itself, but for disorderly conduct or interference with a police officer. These offenses are rather vague, so anyone can be subject to “gray-area” arrest for them at any time. 

Stress and anxiety over COVID-19 is another factor. The virus has everyone on edge. And, a failure to comply with local health ordinances could be an independent basis for disorderly conduct charges.

Most states have a disorderly conduct or reckless conduct law. Tennessee’s version of this law prohibits the following actions:

Most arrested protestors allegedly violated one of those last three bullets. Violent threats and public fights are not unheard of at protests, but they are occasional.

If officers feel that a crowd is large and unruly, they often issue dispersal orders. Back in merry old England, officers literally read aloud the Riot Act , warning people to disperse before they attacked the crowd. The key here is whether the dispersal order was necessary for public safety or necessary to preserve the officers’ peace of mind. There is a big difference.

Chants, especially if they are profane or the protestors are near a school or other such public building, could be unreasonable noises. As for the final bullet, a human chain of defiance in unincorporated Arlen could be a hazardous condition that serves no purpose.

In court, prosecutors must also prove, beyond a reasonable doubt, that the defendant intended to annoy or alarm other people. That element is often difficult to establish in social protest cases.

Interference with a police officer is “intentionally prevent[ing] or obstruct[ing] anyone known to the person to be a law enforcement officer, or anyone acting in a law enforcement officer’s presence and at the officer’s direction, from effecting a stop, frisk, halt, arrest or search of any person. . .by using force against the law enforcement officer or another.”

Many people are righteously indignant when police officers arrest protestors. If that righteous indignation progresses from verbal abuse to physical force, interference charges could hold up in court. 

The bottom line is that most arrested protestors are eventually exonerated, unless there were extreme circumstances. By securing pretrial release with Fizer Bonding Company (bail bond near me) you jumpstart the criminal defense process for you or your loved one. This benefit goes for everyone securing their bond with Fizer Bonding Company, not just social justice protesters. 

For more information about the criminal justice process in Robertson and Montgomery County, contact Fizer Bonding Company. Fizer Bonding Company is a valuable resource that offers FREE Bail Bond Consultations in Montgomery and Robertson Tennessee counties (bail bond Clarksville TN).

Our professional bonding agents are available 24/7 every day of the year to get your tail outta jail and we practice Covid-19 friendly procedures. Our family-owned bonding service has filled the bonding needs of Montgomery and Robertson Counties for over 40 years. Fizer Bonding Company is a proud member of the Tennessee Association of Professional Bail Agents . For more info about Fizer Bonding Company bail bonds, click here .

Fizer Bonding Company in Montgomery County Tennessee

(931) 449-9351

Fizer Bonding Company in Robertson County Tennessee

(615) 667-1109

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