What Is a Bail Bond?
A bail bond is an agreement by a legal defendant to appear for trial or pay a sum of cash set by the courtroom. 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 only within the United States and the Philippines. In other international locations, bail may entail a set of restrictions and situations placed on criminal defendants in return for his or her release 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 court docket.
·The bail bond serves as surety that the defendant will appear for trial.
·Judges typically have vast latitude in setting bail amounts.
·Bail bondsmen typically charge 10% of the bail quantity up front in return for his or her service and should cost extra fees. Some states have put a cap of eight% on the amount charged.
·The bail system is extensively viewed as discriminatory to low-earnings defendant and contributing to the mass-incarceration of young African-American males.
How a Bail Bond Works
A person who's charged with a crime is often given a bail hearing earlier than a judge. The quantity of the bail is at the decide's discretion. A choose might deny bail altogether or set it at an astronomical stage if the defendant is charged with a violent crime or appears prone to be a flight risk.
Judges typically have broad latitude in setting bail quantities, and typical amounts range by jurisdiction. A defendant charged with a nonviolent misdemeanor could see bail set at $500. Felony crime fees have correspondingly high bail, with $20,000 or extra not unusual.
The business bail bond system exists solely in the United States and the Philippines.
Once the quantity of the bail is set, the defendant's selections are to remain in jail until the costs are resolved at trial, to arrange for a bail bond, or to pay the bail quantity in full until the case is resolved. In the final instance, courts in some jurisdictions accept title to a house or different collateral of value in lieu of money.
Bail bondsmen, also referred to as bail bond brokers, provide written agreements to felony courts to pay Article source the bail in full if the defendants whose appearances they assure fail to appear on their trial dates.
Bail bondsmen usually cost 10% of the bail amount up front in return for his or her service and may charge further charges. Some states have put a cap of 8% on the amount charged.
The agent can also require a press release of creditworthiness or could demand that the defendant turn over collateral in the type of property or securities. Bail bondsmen typically accept most property of value, together with vehicles, jewelry, and homes in addition to shares and bonds.
Once 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 become part of the bigger debate over mass incarceration, particularly of younger African-American men, in the U.S.
The bail bond system is considered by many even within the authorized profession to be discriminatory, as it requires low-revenue defendants to remain in jail or scrape collectively a ten% cash payment 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 in the U.S. as a result of they can not afford bail or a bail bondsman's companies.
Four states including Illinois, Kentucky, Oregon, and Wisconsin have outlawed bail bondsmen and as an alternative require a ten% deposit on the bail quantity to be lodged with the court. In 2018, California voted to eliminate cash bail necessities from its court docket system.