What Is a Bail Bond?
A bail bond is an agreement by a felony defendant to appear for trial or pay a sum of money set by the court. The bail bond is cosigned by a bail bondsman, who charges the defendant a fee in return for guaranteeing the fee. The bail bond is a sort of surety bond.
The industrial bail bond system exists solely within the United States and the Philippines. In other countries, bail might entail a set of restrictions and situations placed on prison defendants in return for their launch until their trial dates.
·A bail bond cosigned by a bail bondsmen is posted by a defendant in lieu of full cost of the bail set by the court.
·The bail bond serves as surety that the defendant will appear for trial.
·Judges typically have huge latitude in setting bail quantities.
·Bail bondsmen typically charge 10% of the bail amount up front in return for his or her service and will cost further charges. Some states have put a cap of 8% on the amount charged.
·The bail system is broadly considered as discriminatory to low-earnings defendant and contributing to the mass-incarceration of younger African-American men.
How a Bail Bond Works
A person who's charged with a crime is usually given a bail listening to before a judge. The quantity of the bail is at the decide's discretion. A decide could deny bail altogether or set it at an astronomical level if the defendant is charged with a violent crime or seems prone to be a flight danger.
Judges generally have broad latitude in setting bail quantities, and typical quantities range by jurisdiction. A defendant charged with a nonviolent misdemeanor could see bail set at $500. Felony crime charges have correspondingly excessive bail, with $20,000 or extra not uncommon.
The commercial bail bond system exists only in the United States and the Philippines.
As soon as the quantity of the bail is set, the defendant's choices are to stay in jail till the charges are resolved at trial, to arrange for a bail bond, or to pay the bail quantity in full till the case is resolved. In the last instance, courts in some jurisdictions settle for title to a home or other collateral of value in lieu of cash.
Bail bondsmen, also known as bail bond agents, provide written agreements to legal courts to pay the bail in full if the defendants whose appearances they assure fail to look on their trial dates.
Bail bondsmen typically cost 10% of the bail quantity up front in return for their service and should charge additional charges. Some states have put a cap of 8% on the amount charged.
The agent may also require a statement of creditworthiness or might demand that the defendant flip over collateral in the form of property or securities. Bail bondsmen typically settle for most property of value, together with Click here for info automobiles, jewelry, and homes in addition to stocks and bonds.
Once the bail or bail bond is delivered, the defendant is launched until trial.
The Disadvantages of the Bail Bond System
The bail bond system has turn out to be part of the larger debate over mass incarceration, especially of young African-American males, within the U.S.
The bail bond system is taken into account by many even within the authorized occupation to be discriminatory, because it requires low-income defendants to stay in jail or scrape together a 10% cash fee and the remainder of the bail-in collateral—even before they stand trial for any crime. PrisonPolicy.org says that about 536,000 people are being held in jails within the U.S. as a result of they cannot afford bail or a bail bondsman's companies.
4 states together with Illinois, Kentucky, Oregon, and Wisconsin have outlawed bail bondsmen and as a substitute require a ten% deposit on the bail quantity to be lodged with the court docket. In 2018, California voted to remove cash bail necessities from its courtroom system.