What Is a Bail Bond?
A bail bond is an settlement by a prison defendant to look for trial or pay a sum of money set by the court docket. The bail bond is cosigned by a bail bondsman, who expenses the defendant a fee in return for guaranteeing the cost. The bail bond is a type of surety bond.
The industrial bail bond system exists only within the United States and the Philippines. In other international locations, bail might entail a set of restrictions and situations placed on criminal 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 cost of the bail set by the court docket.
·The bail bond serves as surety that the defendant will appear for trial.
·Judges usually have large latitude in setting bail amounts.
·Bail bondsmen usually charge 10% of the bail quantity up front in return for his or her service and may cost further charges. Some states have put a cap of 8% on the quantity charged.
·The bail system is extensively considered as discriminatory to low-earnings defendant and contributing to the mass-incarceration of young African-American males.
How a Bail Bond Works
A person who's charged with a crime is often given a bail hearing earlier than a judge. The quantity of the bail is at the decide's discretion. A choose might deny bail altogether or set it at an astronomical stage if the defendant is charged with a violent crime or appears prone to be a flight risk.
Judges typically have extensive latitude in setting bail quantities, and typical amounts range by jurisdiction. A defendant charged with a nonviolent misdemeanor could see bail set at $500. Felony crime expenses have correspondingly high bail, with $20,000 or more not unusual.
The commercial bail bond system exists solely within the United States and the Philippines.
Once the quantity of the bail is set, the defendant's decisions are to stay in jail until the costs are resolved at trial, to arrange for a bail bond, or to pay the bail quantity in full till 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 money.
Bail bondsmen, additionally called bail bond brokers, present written agreements to criminal courts to pay the bail in full if the defendants whose appearances they guarantee fail to look on their trial dates.
Bail bondsmen generally charge 10% of the bail quantity up front in return for their service and should cost additional charges. Check out the post right here Some states have put a cap of 8% on the amount charged.
The agent may additionally require a statement of creditworthiness or might demand that the defendant flip over collateral within the form of property or securities. Bail bondsmen usually settle for most property of worth, including cars, jewelry, and homes in addition to stocks and bonds.
Once the 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 considered by many even in the authorized occupation 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 persons are being held in jails within the U.S. because they can't afford bail or a bail bondsman's providers.
4 states together with Illinois, Kentucky, Oregon, and Wisconsin have outlawed bail bondsmen and as a substitute require a ten% deposit on the bail amount to be lodged with the court. In 2018, California voted to get rid of cash bail requirements from its court system.