What Is a Bail Bond?
A bail bond is an agreement by a prison defendant to look 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 price in return for guaranteeing the fee. The bail bond is a kind of surety bond.
The industrial bail bond system exists only within the United States and the Philippines. In other nations, bail could entail a set of restrictions and circumstances positioned 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 court docket.
·The bail bond serves as surety that the defendant will appear for trial.
·Judges sometimes have huge latitude in setting bail amounts.
·Bail bondsmen usually cost 10% of the bail amount up entrance in return for his or her service and may charge extra charges. Some states have put a cap of eight% on the amount charged.
·The bail system is widely 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 typically given a bail hearing before a decide. The quantity of the bail is on the judge's discretion. A decide could deny bail altogether or set it at an astronomical stage if the defendant is charged with a violent crime or appears likely to be a flight danger.
Judges generally have wide latitude in setting bail quantities, and typical quantities range 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 business bail bond system exists only in the United States and the Philippines.
Once the amount of the bail is set, 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 amount in full till the case is resolved. In the last occasion, courts in some jurisdictions accept title to a home or other collateral of value in lieu of cash.
Bail bondsmen, also called bail bond brokers, present written agreements to felony courts to pay the bail in full if the defendants whose appearances they guarantee fail to seem on their trial dates.
Bail bondsmen typically cost 10% of the bail quantity up entrance in return for his or her service and will charge additional charges. Learn here Some states have put a cap of 8% on the amount charged.
The agent may additionally require an announcement of creditworthiness or could demand that the defendant turn over collateral in the type of property or securities. Bail bondsmen usually accept most property of worth, including cars, jewelry, and houses as well as stocks and bonds.
Once the bail or bail bond is delivered, the defendant is released until trial.
The Disadvantages of the Bail Bond System
The bail bond system has turn out to be part of the larger debate over mass incarceration, especially of young African-American men, in the U.S.
The bail bond system is considered by many even in the legal career to be discriminatory, because it requires low-revenue defendants to stay in jail or scrape collectively a 10% money charge and the rest of the bail-in collateral—even earlier than they stand trial for any crime. PrisonPolicy.org says that about 536,000 individuals 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 court. In 2018, California voted to eliminate cash bail requirements from its court system.