What Is a Bail Bond?
A bail bond is an settlement by a prison defendant to look 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 charge in return for guaranteeing the cost. The bail bond is a type of surety bond.
The commercial bail bond system exists solely within the United States and the Philippines. In different international locations, bail might entail a set of restrictions and circumstances 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 sometimes have wide latitude in setting bail amounts.
·Bail bondsmen typically charge 10% of the bail amount up front in return for their service and may charge additional fees. Some states have put a cap of eight% on the quantity charged.
·The bail system is extensively seen 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 crime is typically given a bail listening to earlier than a decide. The amount of the bail is on the choose's discretion. A decide might 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 danger.
Judges generally have wide latitude in setting bail quantities, and typical quantities vary by jurisdiction. A defendant charged with a nonviolent misdemeanor could see bail set at $500. Felony crime expenses have correspondingly excessive bail, with $20,000 or more not uncommon.
The business bail bond system exists only in the United States and the Philippines.
Once the amount of the bail Visit website is set, the defendant's choices are to remain in jail until the charges are resolved at trial, to arrange for a bail bond, or to pay the bail amount in full until the case is resolved. In the last instance, courts in some jurisdictions accept title to a house or different collateral of value in lieu of money.
Bail bondsmen, additionally called bail bond agents, present written agreements to legal courts to pay the bail in full if the defendants whose appearances they guarantee fail to appear on their trial dates.
Bail bondsmen typically charge 10% of the bail amount up entrance in return for his or her service and may charge extra fees. Some states have put a cap of 8% on the quantity charged.
The agent may additionally require a press release 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 worth, including vehicles, jewellery, and houses in addition to shares and bonds.
As soon as 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 become part of the larger debate over mass incarceration, especially of young African-American men, within the U.S.
The bail bond system is considered by many even in the legal career to be discriminatory, as it requires low-earnings defendants to stay in jail or scrape together a ten% cash fee and the remainder of the bail-in collateral—even before they stand trial for any crime. PrisonPolicy.org says that about 536,000 people are being held in jails within the U.S. as a result of they cannot afford bail or a bail bondsman's companies.
Four states including Illinois, Kentucky, Oregon, and Wisconsin have outlawed bail bondsmen and as a substitute require a 10% deposit on the bail quantity to be lodged with the courtroom. In 2018, California voted to get rid of money bail necessities from its court system.