What Is a Bail Bond?
A bail bond is an agreement by a prison defendant to appear for trial or pay a sum of cash set by the court docket. The bail bond is cosigned by a bail bondsman, who expenses the defendant a charge in return for guaranteeing the payment. The bail bond is a kind of surety bond.
The industrial bail bond system exists only within the United States and the Philippines. In other nations, bail could entail a set of restrictions and conditions positioned on criminal 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 sometimes have wide latitude in setting bail quantities.
·Bail bondsmen generally charge 10% of the bail quantity up entrance in return for their service and should charge extra charges. Some states have put a cap of eight% on the amount charged.
·The bail system is widely viewed as discriminatory to low-earnings defendant and contributing to the mass-incarceration of younger African-American males.
How a Bail Bond Works
A person 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 decide may deny bail altogether or set it at an astronomical level if the defendant is charged with a violent crime or seems prone 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 charges have correspondingly excessive bail, with $20,000 or extra not uncommon.
The commercial bail bond system exists solely within the United States and the Philippines.
Once the amount of the bail is ready, the defendant's selections are to stay in jail until the charges are resolved at trial, to rearrange for a bail bond, or to pay the bail quantity in full until the case is resolved. In the final occasion, courts in some jurisdictions accept title to a house or different collateral of value in lieu of cash.
Bail bondsmen, additionally known as bail bond agents, provide written agreements to prison courts to pay the bail in full if the defendants whose appearances they assure fail to seem on their trial dates.
Bail bondsmen generally cost 10% of the bail quantity up front in return for their service and will cost additional charges. Some states have put a cap of eight% on the amount charged.
The agent can also require a statement of creditworthiness or could demand that the defendant flip over collateral in the type of property or securities. Bail bondsmen usually accept 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 become a part of the larger debate over mass incarceration, especially of younger African-American men, in the U.S.
The bail bond system is taken into Great post to read account by many even in the legal occupation to be discriminatory, because it requires low-revenue defendants to remain in jail or scrape collectively a ten% money price and the remainder 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. because they cannot afford bail or a bail bondsman's services.
Four states including Illinois, Kentucky, Oregon, and Wisconsin have outlawed bail bondsmen and as an alternative require a 10% deposit on the bail amount to be lodged with the courtroom. In 2018, California voted to remove money bail necessities from its courtroom system.