What Is a Bail Bond?
A bail bond is an agreement by a legal defendant to seem for trial or pay a sum of money set by the court. The bail bond is cosigned by a bail bondsman, who charges the defendant a fee in return for guaranteeing the fee. 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 international locations, bail could entail a set of restrictions and conditions placed on criminal defendants in return for their release 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 courtroom.
·The bail bond serves as surety that the defendant will seem for trial.
·Judges usually have huge latitude in setting bail amounts.
·Bail bondsmen generally charge 10% of the bail amount up front in return for his or her service and should cost extra charges. Some states have put a cap of eight% on the quantity charged.
·The bail system is widely viewed 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's charged with against the law is typically given a bail hearing before a decide. The quantity of the bail is at the judge's discretion. A choose could deny bail altogether or set it at an astronomical degree if the defendant is charged with a violent crime or appears likely to be a flight threat.
Judges usually have extensive latitude in setting bail amounts, and typical quantities range by jurisdiction. A defendant charged with a nonviolent misdemeanor might see bail set at $500. Felony crime costs have correspondingly high 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 choices are to remain in jail until the fees are resolved at trial, to arrange for a bail bond, or to pay the bail amount in full till the case is resolved. Within the last occasion, courts in some jurisdictions settle for title to a home or other collateral of worth in lieu of cash.
Bail bondsmen, also known as bail bond brokers, provide written agreements to criminal 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 his or her service and may charge additional charges. Some states have put a cap of eight% on the amount charged.
The agent may also require a statement of creditworthiness or may demand that the defendant turn over collateral in the form of property or securities. Bail bondsmen generally settle for most property of worth, together with vehicles, jewelry, and houses as well as stocks and bonds.
Once the bail or bail bond is delivered, the defendant is launched till trial.
The Disadvantages of the Bail Bond System
The bail bond system has turn out to be a 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 check here even in the authorized occupation to be discriminatory, because it requires low-earnings defendants to remain in jail or scrape collectively a ten% money price 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 within the U.S. as a result of they cannot afford bail or a bail bondsman's companies.
Four states together with Illinois, Kentucky, Oregon, and Wisconsin have outlawed bail bondsmen and as an alternative require a 10% deposit on the bail quantity to be lodged with the courtroom. In 2018, California voted to eliminate money bail requirements from its court docket system.