What Is a Bail Bond?
A bail bond is an settlement by a felony defendant to appear for trial or pay a sum of cash set by the court. The bail bond is cosigned by a bail bondsman, who expenses the defendant a charge in return for guaranteeing the fee. The bail bond is a type of surety bond.
The industrial bail bond system exists solely within the United States and the Philippines. In other nations, bail may entail a set of restrictions and conditions positioned on felony defendants in return for their 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 courtroom.
·The bail bond serves as surety that the defendant will appear for trial.
·Judges typically have wide latitude in setting bail quantities.
·Bail bondsmen usually charge 10% of the bail amount up entrance in return for his or her service and should charge additional charges. Some states have put a cap of eight% on the quantity charged.
·The bail system is widely viewed as discriminatory to low-earnings defendant and contributing to the mass-incarceration of younger African-American men.
How a Bail Bond Works
A person who is charged with against the law is usually given a bail hearing before a choose. The quantity of the bail is on the judge's discretion. A judge 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 selections are to remain in jail until the costs 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 occasion, courts in some jurisdictions settle for title to a home or different collateral of worth in lieu of cash.
Bail bondsmen, also known as bail bond brokers, provide written agreements to prison 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 amount up front in return for his or her service and should charge extra charges. Some states have put a cap of 8% on the amount charged.
The agent may additionally require an announcement of creditworthiness or might demand that the defendant turn over collateral within the form of property or securities. Bail bondsmen generally settle for most property of value, including vehicles, jewelry, and houses in addition to stocks and bonds.
Once the bail or bail bond is delivered, the defendant is launched until 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, especially of younger African-American men, in the U.S.
The bail bond system is taken into account by many even in the legal occupation to be discriminatory, as it requires low-income defendants to remain in jail or scrape together 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 persons are being held in jails within the U.S. because they can not afford bail or a bail bondsman's providers.
Four states together with Illinois, Kentucky, Oregon, and Bail Bonds in LA Wisconsin have outlawed bail bondsmen and as an alternative require a 10% deposit on the bail quantity to be lodged with the court. In 2018, California voted to eradicate money bail requirements from its court docket system.