What Is a Bail Bond?
A bail bond is an settlement by a legal 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 fees the defendant a charge in return for guaranteeing the cost. The bail bond is a sort of surety bond.
The business bail bond system exists solely in the United States and the Philippines. In other international locations, bail may entail a set of restrictions and situations placed on criminal 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 courtroom.
·The bail bond serves as surety that the defendant will appear for trial.
·Judges usually have wide latitude in setting bail quantities.
·Bail bondsmen typically charge 10% of the bail amount up front in return for his or her service and may charge further charges. Some states have put a cap of 8% on the amount charged.
·The bail system is widely 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 a criminal offense is usually given a bail hearing before 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 level if the defendant is charged with a violent crime or seems prone to be a flight risk.
Judges generally have vast latitude in setting bail amounts, and typical amounts differ by jurisdiction. A defendant charged with a nonviolent misdemeanor might see bail set at $500. Felony crime prices have correspondingly excessive bail, with $20,000 or more not uncommon.
The business bail bond system exists solely in the United States and the Philippines.
Once the quantity of the bail is about, the defendant's choices are to remain in jail till the fees are resolved at trial, to arrange for a bail bond, or to pay the bail quantity in full till the case is resolved. Click for source In the last occasion, courts in some jurisdictions accept title to a home or different collateral of worth in lieu of cash.
Bail bondsmen, additionally known as bail bond agents, provide written agreements to felony courts to pay the bail in full if the defendants whose appearances they assure fail to look on their trial dates.
Bail bondsmen generally charge 10% of the bail amount up front in return for his or her service and will cost additional fees. Some states have put a cap of 8% on the quantity charged.
The agent may also require a statement of creditworthiness or might demand that the defendant turn over collateral within the type of property or securities. Bail bondsmen typically settle for most property of worth, including vehicles, jewelry, and houses in addition to shares and bonds.
Once 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 bigger debate over mass incarceration, particularly of young African-American men, in the U.S.
The bail bond system is considered by many even in the legal profession to be discriminatory, because it requires low-revenue defendants to stay in jail or scrape together a 10% cash payment 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 in the U.S. as a result of they can't afford bail or a bail bondsman's services.
4 states including Illinois, Kentucky, Oregon, and Wisconsin have outlawed bail bondsmen and instead require a ten% deposit on the bail amount to be lodged with the courtroom. In 2018, California voted to get rid of cash bail requirements from its court system.