What Is a Bail Bond?
A bail bond is an agreement by a legal defendant to seem for trial or pay a sum of money set by the court docket. The bail bond is cosigned by a bail bondsman, who expenses the defendant a fee in return for guaranteeing the fee. The bail bond is a type of surety bond.
The industrial bail bond system exists only in the United States and the Philippines. In different countries, bail could entail a set of restrictions and conditions positioned on felony defendants in return for his or her 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 court.
·The bail bond serves as surety that the defendant will appear for trial.
·Judges typically have large latitude in setting bail amounts.
·Bail bondsmen usually charge 10% of the bail amount up entrance in return for their service and will charge extra charges. Some states have put a cap of 8% on the quantity charged.
·The bail system is broadly seen as discriminatory to low-earnings defendant and contributing to the mass-incarceration of young African-American males.
How a Bail Bond Works
A person who's charged with a crime is usually given a bail hearing before a choose. The amount of the bail is on the judge's discretion. A choose may deny bail altogether or set it at an astronomical degree if the defendant is charged with a violent crime or seems more likely to be a flight threat.
Judges generally have huge latitude in setting bail amounts, and typical quantities differ by jurisdiction. A defendant charged with a nonviolent misdemeanor may see bail set at $500. Felony crime costs have correspondingly excessive bail, with $20,000 or more not uncommon.
The industrial bail bond system exists only within the United States and the Philippines.
Once the amount of the bail is about, the defendant's selections are to remain in jail until the costs are resolved at trial, to arrange for a bail bond, or to pay the bail quantity in full till the case is resolved. In the final occasion, 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 criminal courts to pay the bail in full if the defendants whose appearances they assure fail to look 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 further charges. Some states have put a cap of eight% on the quantity charged.
The agent may require an announcement of creditworthiness or may demand that the defendant turn over collateral within the form of property or securities. Bail bondsmen usually settle for 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 until trial.
The Disadvantages of the Bail Bond System
The bail bond system has grow to be a part of the larger debate over mass incarceration, especially of young African-American men, in the U.S.
The bail bond system is taken into account by many even within the authorized profession to be discriminatory, because it requires low-earnings defendants to stay in jail or scrape together a 10% money price and the remainder of the bail-in collateral—even before they stand trial for any crime. PrisonPolicy.org says that about 536,000 individuals are being held in jails within the U.S. as a result of they can not afford bail or a bail bondsman's companies.
Four states including Illinois, Kentucky, Oregon, and Wisconsin have outlawed bail bondsmen and as an alternative require a ten% deposit on the bail quantity to be lodged with the court. In 2018, California voted to Bail Bonds Los Angeles eliminate cash bail necessities from its court docket system.