The concept of bail has ancient roots, dating back thousands of years. However, the modern bail system in America has its origins in English common law.
Before the thirteenth century, defendants charged with non-capital offenses had the legal right to secure freedom before their trial dates. The law changed in 1275 when Parliament established standards for determining bail.
The first bail law in the United States was the Judiciary Act of 1789, which established that judges must set bail for non-capital offenses.
In 1898, the first bail bondsman established himself in San Francisco, California. This marked the beginning of the commercial bail bond industry in America.
The 1966 Bail Reform Act created uniform guidelines for pretrial release, allowing defendants to secure their freedom on their Own Recognizance in certain cases.