What Is a Bail Bond?
A bail bond is an settlement 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 costs the defendant a price 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 different countries, bail might entail a set of restrictions and situations placed on legal 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 fee of the bail set by the court docket.
·The bail bond serves as surety that the defendant will appear for trial.
·Judges sometimes have huge latitude in setting bail amounts.
·Bail bondsmen usually cost 10% of the bail quantity up front in return for their service and will charge further charges. Some states have put a cap of 8% on the amount charged.
·The bail system is broadly viewed as discriminatory to low-revenue defendant and contributing to the mass-incarceration of younger African-American men.
How a Bail Bond Works
A person who's charged with against the law is typically given a bail hearing earlier than a choose. The amount 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 prone to be a flight risk.
Judges usually have vast latitude in setting bail amounts, and typical amounts fluctuate by jurisdiction. A defendant charged with a nonviolent misdemeanor could see bail set at $500. Felony crime fees 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.
As soon as the amount of the bail is about, the defendant's selections are to stay in jail until the fees are resolved at trial, to rearrange for a bail bond, or to pay the bail quantity in full till the case is resolved. In the last instance, courts in some jurisdictions accept title to a house or different collateral of worth in lieu of cash.
Bail bondsmen, also referred to as bail bond brokers, present written agreements to criminal courts to pay the bail in full if the defendants whose appearances they guarantee fail to seem on their trial dates.
Bail bondsmen usually cost 10% of the bail amount up front in return for their service and should charge further charges. Some states have put a cap of eight% on the amount charged.
The agent might also require an announcement of creditworthiness or may demand that the defendant turn over collateral in the form of property or securities. Bail bondsmen generally accept most property of worth, together with vehicles, jewellery, and houses as well as shares and bonds.
As soon as 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 change into part of the larger debate over mass incarceration, particularly of younger Learn more African-American males, within the U.S.
The bail bond system is taken into account by many even within the authorized profession to be discriminatory, as it requires low-income defendants to stay in jail or scrape together a ten% money price and the rest of the bail-in collateral—even before they stand trial for any crime. PrisonPolicy.org says that about 536,000 individuals are being held in jails within 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 instead require a 10% deposit on the bail amount to be lodged with the court. In 2018, California voted to eliminate cash bail requirements from its court system.