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 docket. The bail bond is cosigned by a bail bondsman, who expenses the defendant a price in return for guaranteeing the payment. The bail bond is a kind of surety bond.
The business bail bond system exists only in the United States and the Philippines. In different international locations, bail could entail a set of restrictions and circumstances placed on criminal defendants in return for their launch till 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 courtroom.
·The bail bond serves as surety that the defendant will seem for trial.
·Judges typically have large latitude in setting bail quantities.
·Bail bondsmen generally charge 10% of the bail quantity up front in return for their service and should cost additional charges. Some states have put a cap of 8% on the quantity charged.
·The bail system is widely seen as discriminatory to low-earnings defendant and contributing to the mass-incarceration of younger African-American men.
How a Bail Bond Works
An individual who's charged with a crime is usually given a bail listening to earlier than a judge. The amount of the bail is on the choose's discretion. A judge might deny bail altogether or set it at an astronomical stage if the defendant is charged with a violent crime or seems likely to be a flight risk.
Judges typically have vast latitude in setting bail quantities, and typical amounts vary by jurisdiction. A defendant charged with a nonviolent misdemeanor could see bail set at $500. Felony crime fees have correspondingly excessive bail, with $20,000 or more 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 costs are resolved at trial, to arrange for a bail bond, or to pay the bail amount in full until the case is resolved. Within the final occasion, courts in some jurisdictions accept title to a home or other collateral of value in lieu of money.
Bail bondsmen, additionally known as bail bond brokers, present written agreements to felony 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 his or her service and will cost extra fees. Some states have put a cap of eight% on the quantity charged.
The agent might also require a statement of creditworthiness or may demand that the defendant turn over collateral in the form of property or securities. Bail bondsmen usually accept most property of value, including cars, jewellery, and homes as well as shares and bonds.
As soon as the bail or bail bond is delivered, the defendant is released till trial.
The Disadvantages of the Bail Bond System
The bail bond system has grow to be part of the larger debate over mass incarceration, particularly of young African-American males, within the U.S.
The bail bond system is considered by many even within the authorized profession to be discriminatory, because it requires low-revenue defendants to stay in jail or scrape collectively a ten% money price and the remainder of the bail-in collateral—even earlier than 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 can not 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 Bail Bonds in Los Angeles county a ten% deposit on the bail amount to be lodged with the court docket. In 2018, California voted to get rid of cash bail necessities from its court system.