What Is a Bail Bond?
A bail bond is an settlement by a felony defendant to seem for trial or pay a sum of money set by the court. The bail bond is cosigned by a bail bondsman, who charges the defendant a fee in return for guaranteeing the cost. The bail bond is a sort of surety bond.
The commercial bail bond system exists solely within the United States and the Philippines. In other countries, bail might entail a set of restrictions and situations positioned on legal defendants in return for his or her release until their trial dates.
·A bail bond cosigned by a bail bondsmen is posted by a defendant in lieu of full payment of the bail set by the court docket.
·The bail bond serves as surety that the defendant will appear for trial.
·Judges usually have wide latitude in setting bail amounts.
·Bail bondsmen usually charge 10% of the bail quantity up entrance in return for his or her service and will cost further fees. Some states have put a cap of 8% on the amount charged.
·The bail system is broadly viewed as discriminatory to low-revenue defendant and contributing to the mass-incarceration of younger African-American men.
How a Bail Bond Works
A person who's charged with a crime is usually given a bail listening to earlier than a decide. The amount of the bail is at the choose's discretion. A choose might deny bail altogether or set it at an astronomical degree if the defendant is charged with a violent crime or appears prone 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 unusual.
The business bail bond system exists only within the United States and the Philippines.
As soon as the amount of the bail is set, the defendant's selections are to stay in jail until the charges are resolved at trial, to rearrange for a bail bond, or to pay the bail quantity in full until the case is resolved. In the final occasion, courts in some jurisdictions accept title to a home or different collateral of value in lieu of cash.
Bail bondsmen, additionally known as bail bond agents, 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 quantity up front in return for his or her service and will charge additional charges. Some states have put a cap of eight% on the amount charged.
The agent may also require an announcement of creditworthiness or might demand that the defendant turn over collateral Click for info within the type of property or securities. Bail bondsmen usually accept most property of worth, including cars, jewellery, and homes as well as shares and bonds.
As soon as 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 grow to be part of the larger debate over mass incarceration, particularly of young African-American men, within the U.S.
The bail bond system is considered by many even in the authorized 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. because they can not afford bail or a bail bondsman's providers.
Four states together with Illinois, Kentucky, Oregon, and Wisconsin have outlawed bail bondsmen and as an alternative require a 10% deposit on the bail quantity to be lodged with the courtroom. In 2018, California voted to eliminate money bail requirements from its court system.