What Is a Bail Bond?
A bail bond is an settlement by a criminal defendant to look for trial or pay a sum of money set by the court docket. The bail bond is cosigned by a bail bondsman, who expenses the defendant a fee in return for guaranteeing the fee. The bail bond is a type of surety bond.
The industrial bail bond system exists only within the United States and the Philippines. In other international locations, 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 payment of the bail set by the courtroom.
·The bail bond serves as surety that the defendant will appear for trial.
·Judges sometimes have broad latitude in setting bail quantities.
·Bail bondsmen usually cost 10% of the bail amount up entrance in return for their service and should cost additional charges. Some states have put a cap of 8% on the amount charged.
·The bail system is broadly seen as discriminatory to low-earnings defendant and contributing to the mass-incarceration of young African-American males.
How a Bail Bond Works
A person who's charged with a crime is usually given a bail listening to before a choose. The amount of the bail is on the choose's discretion. A decide may deny bail altogether or set it at an astronomical degree if the defendant is charged with a violent crime or seems likely to be a flight danger.
Judges typically have broad latitude in setting bail quantities, and typical amounts range by jurisdiction. A defendant charged with a nonviolent misdemeanor may see bail set at $500. Felony crime charges have correspondingly high bail, with $20,000 or extra not unusual.
The commercial bail bond system exists solely within the United States and the Philippines.
Once the amount of the bail is ready, the defendant's choices are to remain in jail till the charges are resolved at trial, to arrange for a bail bond, or to pay the bail quantity in full until the case is resolved. In the final occasion, courts in some jurisdictions accept title to a house or different collateral of value in lieu of cash.
Bail bondsmen, additionally 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 appear on their trial dates.
Bail bondsmen usually cost 10% of the bail quantity up front in follow this link return for their service and should cost extra fees. Some states have put a cap of eight% on the quantity charged.
The agent may require a press release of creditworthiness or could demand that the defendant turn over collateral in the form of property or securities. Bail bondsmen typically settle for most property of value, including automobiles, jewellery, and homes as well as stocks and bonds.
Once the bail or bail bond is delivered, the defendant is launched till trial.
The Disadvantages of the Bail Bond System
The bail bond system has turn out to be part of the bigger debate over mass incarceration, particularly of younger African-American males, in the U.S.
The bail bond system is considered by many even in the authorized occupation to be discriminatory, because it requires low-income defendants to remain in jail or scrape collectively a ten% cash payment and the rest of the bail-in collateral—even before they stand trial for any crime. PrisonPolicy.org says that about 536,000 persons are being held in jails within the U.S. as a result of they cannot afford bail or a bail bondsman's services.
Four states together with Illinois, Kentucky, Oregon, and Wisconsin have outlawed bail bondsmen and as an alternative require a ten% deposit on the bail quantity to be lodged with the court. In 2018, California voted to eliminate cash bail requirements from its courtroom system.