What Is a Bail Bond?
A bail bond is an settlement by a criminal 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 fees the defendant a charge in return for guaranteeing the cost. The bail bond is a kind of surety bond.
The commercial bail bond system exists only within the United States and the Philippines. In different nations, bail might entail a set of restrictions and conditions placed on prison defendants in return for his or her 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 court.
·The bail bond serves as surety that the defendant will seem for trial.
·Judges usually have large latitude in setting bail amounts.
·Bail bondsmen typically cost 10% of the bail quantity 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 seen as discriminatory to low-income defendant and contributing to the mass-incarceration of young African-American males.
How a Bail Bond Works
An individual who is charged with a crime is often given a bail listening to before a judge. The amount of the bail is on the decide's discretion. A judge may deny bail altogether or set it at an astronomical stage if the defendant is charged with a violent crime or seems more likely to be a flight danger.
Judges generally have wide latitude in setting bail quantities, and typical quantities differ by jurisdiction. A defendant charged with a nonviolent misdemeanor could see bail set at $500. Felony crime prices have correspondingly excessive bail, with $20,000 or more not uncommon.
The industrial bail bond system exists solely in the United States and the Philippines.
As soon as the quantity of the bail is about, the defendant's choices are to stay in jail till the fees are resolved at trial, to arrange for a bail bond, or to pay the bail quantity in full till the case is resolved. In the final occasion, courts in some jurisdictions accept title to a home or different collateral of value in lieu of cash.
Bail bondsmen, additionally referred to as bail bond agents, present written agreements to legal courts to pay the bail in full if the defendants Great post to read whose appearances they guarantee fail to appear on their trial dates.
Bail bondsmen typically cost 10% of the bail amount up entrance 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 agent might also require a press release of creditworthiness or may demand that the defendant flip over collateral in the form of property or securities. Bail bondsmen typically settle for most property of value, together with automobiles, jewelry, and homes in addition to stocks and bonds.
As soon as the bail 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 collectively a ten% cash price 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 in the U.S. because they can not afford bail or a bail bondsman's providers.
Four states together with Illinois, Kentucky, Oregon, and Wisconsin have outlawed bail bondsmen and instead require a ten% deposit on the bail amount to be lodged with the court. In 2018, California voted to eradicate cash bail necessities from its courtroom system.