What Is a Bail Bond?
A bail bond is an agreement by a criminal 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 prices the defendant a price in return for guaranteeing the fee. 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 conditions placed on prison 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 fee of the bail set by the court docket.
·The bail bond serves as surety that the defendant will appear for trial.
·Judges sometimes have broad latitude in setting bail amounts.
·Bail bondsmen typically cost 10% of the bail amount up front in return for their service and will cost further fees. Some states have put a cap of 8% on the quantity charged.
·The bail system is extensively 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 on the choose's discretion. A judge might 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 usually have large latitude in setting bail amounts, and typical amounts fluctuate by jurisdiction. A defendant charged with a nonviolent misdemeanor might see bail set at $500. Felony crime costs have correspondingly high bail, with $20,000 or extra not unusual.
The commercial bail bond system exists only within the United States and the Philippines.
Once the amount of the bail is ready, the defendant's selections are to remain in jail until the costs are resolved at trial, to rearrange for a bail bond, or to pay the bail amount in full until the case is resolved. Within the last occasion, courts in some jurisdictions settle for title to a house or different collateral of value in lieu of cash.
Bail bondsmen, also known as bail bond brokers, present written agreements to legal courts to pay the bail in full if the defendants whose appearances they assure fail to seem on their trial dates.
Bail bondsmen usually cost 10% of the bail amount up front in return for his or her service and should charge further charges. Some states have put a cap of eight% on the quantity charged.
The agent may also require a statement of creditworthiness or may demand that the defendant flip over collateral in the form of property or securities. Bail bondsmen typically accept most property of value, together with automobiles, jewelry, and homes in addition to shares and bonds.
As soon as the bail The original source or bail bond is delivered, the defendant is launched until trial.
The Disadvantages of the Bail Bond System
The bail bond system has change into a part of the larger debate over mass incarceration, particularly of younger African-American men, within the U.S.
The bail bond system is taken into account by many even in the authorized career to be discriminatory, as it requires low-earnings defendants to stay in jail or scrape together a ten% 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 persons are being held in jails within the U.S. as a result of they can't afford bail or a bail bondsman's providers.
Four states including Illinois, Kentucky, Oregon, and Wisconsin have outlawed bail bondsmen and as a substitute require a 10% deposit on the bail quantity to be lodged with the courtroom. In 2018, California voted to eliminate money bail requirements from its court docket system.