What Is a Bail Bond?
A bail bond is an agreement by a felony defendant to look 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 industrial bail bond system exists only within the United States and the Philippines. In other nations, bail might entail a set of restrictions and circumstances placed 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 courtroom.
·The bail bond serves as surety that the defendant will appear for trial.
·Judges sometimes have broad latitude in setting bail amounts.
·Bail bondsmen typically cost 10% of the bail quantity up front in return for their service and may cost extra charges. Some states have put a cap of 8% on the amount charged.
·The bail system is extensively considered as discriminatory to low-income defendant and contributing to the mass-incarceration of younger African-American males.
How a Bail Bond Works
An individual who is charged with against the law is usually given a bail listening to earlier than a choose. 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 typically have large latitude in setting bail amounts, and typical amounts fluctuate by jurisdiction. A defendant charged with a nonviolent misdemeanor may see bail set at $500. Felony crime expenses have correspondingly high bail, with $20,000 or more not unusual.
The industrial bail bond system exists only 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 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 money.
Bail bondsmen, also called bail bond agents, present written agreements to legal courts to pay the bail in full if the defendants whose appearances they guarantee fail to appear on their trial dates.
Bail bondsmen typically charge 10% of the bail amount up entrance in return for his or her service and should charge extra charges. Some states have put a cap of 8% on the quantity charged.
The agent may additionally require a press release of creditworthiness or might demand that the defendant Additional info turn over collateral within the type of property or securities. Bail bondsmen typically accept most property of worth, together with automobiles, jewelry, and homes as well as stocks 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 grow to be a part of the bigger debate over mass incarceration, especially of young African-American males, in the U.S.
The bail bond system is taken into account by many even within the authorized occupation to be discriminatory, because it requires low-income defendants to stay in jail or scrape together a 10% cash charge 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 within the U.S. because 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 a substitute require a 10% deposit on the bail quantity to be lodged with the courtroom. In 2018, California voted to get rid of money bail necessities from its court system.