What Is a Bail Bond?
A bail bond is an settlement by a legal 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 fees the defendant a fee in return for guaranteeing the cost. The bail bond is a sort of surety bond.
The industrial bail bond system exists solely in the United States and the Philippines. In different international locations, bail could entail a set of restrictions and circumstances positioned on prison defendants in return for their launch 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.
·The bail bond serves as surety that the defendant will appear for trial.
·Judges sometimes have vast latitude in setting bail amounts.
·Bail bondsmen usually cost 10% of the bail amount up entrance in return for his or her service and should 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 males.
How a Bail Bond Works
An individual who's charged with against the law is often given a bail listening to before a judge. The quantity of the bail is on the choose's discretion. A choose may deny bail altogether or set it at an astronomical level if the defendant is charged with a violent crime or appears prone to be a flight danger.
Judges typically have broad latitude in setting bail quantities, and typical amounts vary by jurisdiction. A defendant charged with a nonviolent misdemeanor may see bail set at $500. Felony crime fees have correspondingly excessive bail, with $20,000 or more not unusual.
The commercial bail bond system exists only 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 till the fees are resolved at trial, to rearrange for a bail bond, or to pay the bail quantity in full until the case is resolved. Within the final instance, courts in some jurisdictions accept title to a house or different collateral of value in lieu of cash.
Bail bondsmen, additionally referred to as bail bond agents, provide written agreements to legal courts to pay the bail in full if the defendants whose appearances they assure fail to appear on their trial dates.
Bail bondsmen generally charge 10% of the bail quantity up entrance in return for his or her service and will charge further fees. Some states have put a cap of 8% on the quantity charged.
The agent might also require a press release of creditworthiness or might demand that the defendant flip over collateral within the type of property or securities. Bail bondsmen generally accept most property of value, including automobiles, jewelry, and homes in addition to shares and bonds.
Once the Helpful site bail or bail bond is delivered, the defendant is released till trial.
The Disadvantages of the Bail Bond System
The bail bond system has change into part of the larger debate over mass incarceration, especially of younger African-American males, within the U.S.
The bail bond system is taken into account by many even within the legal profession to be discriminatory, as it requires low-revenue defendants to stay in jail or scrape collectively a ten% money fee 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. as a result of they can not afford bail or a bail bondsman's companies.
4 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 get rid of money bail necessities from its court system.