What Is a Bail Bond?
A bail bond is an settlement by a legal defendant to seem for trial or pay a sum of cash set by the court. The bail bond is cosigned by a bail bondsman, who expenses the defendant a payment in return for guaranteeing the payment. The bail bond is a type of surety bond.
The industrial bail bond system exists solely within the United States and the Philippines. In other nations, bail might entail a set of restrictions and situations placed on legal 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 docket.
·The bail bond serves as surety that the defendant will appear for trial.
·Judges typically have broad latitude in setting bail amounts.
·Bail bondsmen typically cost 10% of the bail amount up front in return for his or her service and may charge extra fees. Some states have put a cap of 8% on the quantity charged.
·The bail system is broadly viewed as discriminatory to low-revenue defendant and contributing to the mass-incarceration of young African-American males.
How a Bail Bond Works
A person who is charged with a criminal offense is usually given a bail listening to earlier than a choose. The amount of the bail is on the decide's discretion. A choose could 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 usually have vast latitude in setting bail quantities, and typical amounts vary by jurisdiction. A defendant charged with a nonviolent misdemeanor might see bail set at $500. Felony crime fees have correspondingly excessive bail, with $20,000 or more not uncommon.
The business bail bond system exists solely within the United States and the Philippines.
As soon as the amount of the bail is set, the defendant's choices are to remain in jail until 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 instance, courts in some jurisdictions accept title to a home or different collateral of worth in lieu of money.
Bail bondsmen, additionally known as bail bond agents, provide written agreements to felony courts to pay the bail in full if the defendants whose appearances they assure fail to look on their trial dates.
Bail bondsmen generally charge 10% of the bail amount up front in return for his or her service and will cost additional fees. Some states have put a cap of 8% on the amount 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 settle for most property of worth, together with cars, jewelry, and houses as well as shares and bonds.
As soon as the bail or bail bond is delivered, the defendant is launched website till 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 men, within the U.S.
The bail bond system is taken into account by many even within the legal profession to be discriminatory, as it requires low-earnings defendants to remain in jail or scrape collectively a 10% money fee and the rest 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 in the U.S. as a result of they can't 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 10% deposit on the bail amount to be lodged with the court. In 2018, California voted to get rid of cash bail requirements from its courtroom system.