What Is a Bail Bond?
A bail bond is an agreement by a prison defendant to seem for trial or pay a sum of cash set by the court docket. The bail bond is cosigned by a bail bondsman, who fees the defendant a charge in return for guaranteeing the cost. The bail bond is a kind of surety bond.
The commercial bail bond system exists only within the United States and the Philippines. In different nations, bail might entail a set of restrictions and circumstances placed on criminal defendants in return for his or her launch until their trial dates.
·A bail bond cosigned by a bail bondsmen is posted by a defendant in lieu of full payment of the bail set by the court.
·The bail bond serves as surety that the defendant will seem for trial.
·Judges usually have vast latitude in setting bail quantities.
·Bail bondsmen generally charge 10% of the bail quantity up entrance in return for his or her service and may charge extra charges. Some states have put a cap of eight% on the amount charged.
·The bail system is widely considered as discriminatory to low-earnings defendant and contributing to the mass-incarceration of young African-American men.
How a Bail Bond Works
A person who is charged with a criminal offense is usually given a bail hearing before a choose. The quantity of the bail is at the judge's discretion. A judge could deny bail altogether or set it at an astronomical degree if the defendant is charged with a violent crime or appears likely to be a flight threat.
Judges typically have large latitude in setting bail amounts, and typical amounts vary by jurisdiction. A defendant charged with a nonviolent misdemeanor could see bail set at $500. Felony crime expenses have correspondingly high bail, with $20,000 or more not uncommon.
The business bail bond system exists only in the United States and the Philippines.
As soon as the quantity of the bail is ready, the defendant's selections are to remain in jail until the fees are resolved at trial, to arrange for a bail bond, or to pay the bail amount in full till the case is resolved. In the final occasion, courts in some jurisdictions settle for title to a home or different collateral of worth in lieu of cash.
Bail bondsmen, also referred to as bail bond brokers, present written agreements to criminal courts to pay the bail in full if the defendants whose appearances they guarantee fail to look on their trial dates.
Bail bondsmen usually charge 10% of the bail quantity up entrance in return for their service and may charge extra charges. Some states have put a cap of 8% on the amount charged.
The agent may additionally require an announcement of creditworthiness or may demand that the defendant turn over collateral in the form of property or securities. Bail bondsmen typically settle for most property of value, together with automobiles, jewelry, and houses in addition to shares and bonds.
As soon as 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 develop into a part of the bigger debate over mass incarceration, particularly of young African-American men, within the U.S.
The bail bond system is considered by many even in the authorized profession to be discriminatory, because it requires low-revenue defendants to stay in jail or scrape collectively a ten% cash price and the remainder of the bail-in Find more info collateral—even before they stand trial for any crime. PrisonPolicy.org says that about 536,000 persons are being held in jails in the U.S. because they can not afford bail or a bail bondsman's providers.
Four states together with Illinois, Kentucky, Oregon, and Wisconsin have outlawed bail bondsmen and instead require a ten% deposit on the bail quantity to be lodged with the court. In 2018, California voted to eradicate money bail necessities from its court docket system.