What Is a Bail Bond?
A bail bond is an agreement 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 costs the defendant a price in return for guaranteeing the cost. The bail bond is a sort of surety bond.
The business bail bond system exists solely in the United States and the Philippines. In other countries, bail might entail a set of restrictions and situations placed on prison defendants in return for their launch until their trial dates.
Â·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.
Â·The bail bond serves as surety that the defendant will appear for trial.
Â·Judges usually have broad latitude in setting bail quantities.
Â·Bail bondsmen generally 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 eight% on the amount charged.
Â·The bail system is extensively considered as discriminatory to low-revenue defendant and contributing to the mass-incarceration of younger 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 decide. The quantity of the bail is at the decide's discretion. A choose 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 extensive latitude in setting bail quantities, and typical amounts differ by jurisdiction. A defendant charged with a nonviolent misdemeanor might see bail set at $500. Felony crime prices 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 quantity of the bail is ready, the defendant's choices 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. In the final occasion, courts in some jurisdictions settle for title to a home or other collateral of worth in lieu of money.
Bail bondsmen, also called bail bond agents, present written agreements to prison courts to pay the bail in full if the defendants whose appearances they guarantee fail to seem on their trial dates.
Bail bondsmen typically cost 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, including cars, jewellery, and homes in addition to stocks and bonds.
Once the bail or bail bond is delivered, the defendant is released until trial.
The Disadvantages of the Bail Bond System
The bail bond system has grow to be a part of the larger debate over mass incarceration, especially of young African-American men, in the U.S.
The bail bond system is considered by many even within the authorized occupation to be discriminatory, because it requires low-income defendants to stay in jail or scrape together a 10% money price and the remainder of the bail-in collateralâ€”even earlier than they stand trial for any crime. PrisonPolicy.org says that about 536,000 people are being held in jails in the U.S. because they cannot afford bail or a bail bondsman's providers.
4 states together with Illinois, Kentucky, Oregon, and Wisconsin have outlawed bail bondsmen and as a substitute require a ten% deposit on the bail quantity to be lodged with the court. In 2018, California voted to Bail Bonds Los Angeles CA eliminate cash bail requirements from its courtroom system.