What Is a Bail Bond?
A bail bond is an settlement by a felony defendant to appear 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 price in return for guaranteeing the fee. The bail bond is a sort of surety bond.
The business bail bond system exists only in the United States and the Philippines. In other countries, bail could entail a set of restrictions and situations positioned on felony defendants in return for their release till their trial dates.
·A bail bond cosigned by a bail bondsmen is posted by a defendant in lieu of full fee of the bail set by the courtroom.
·The bail bond serves as surety that the defendant will appear for trial.
·Judges typically have wide latitude in setting bail quantities.
·Bail bondsmen usually charge 10% of the bail amount up front in return for his or her service and should charge additional fees. Some states have put a cap of eight% on the quantity charged.
·The bail system is extensively viewed as discriminatory to low-income defendant and contributing to the mass-incarceration of younger African-American males.
How a Bail Bond Works
A person who is charged with against the law is often given a bail hearing before a decide. The amount of the bail is on the choose's discretion. A decide may deny bail altogether or set it at an astronomical level if the defendant is charged with a violent crime or seems likely to be a flight danger.
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 excessive bail, with $20,000 or extra not uncommon.
The commercial bail bond system exists solely within the United States and the Philippines.
Once the amount of the bail is ready, the defendant's decisions are to remain in jail till the costs are resolved at trial, to arrange for a bail bond, or to pay the bail amount in full till the case is resolved. Within the last instance, courts in some jurisdictions settle for title to a home or other collateral of worth in lieu of money.
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 guarantee fail to seem on their trial dates.
Bail bondsmen usually charge 10% of the bail quantity up front in return for their service and may cost further fees. Some states have put a cap of eight% on the amount charged.
The agent may require a statement of creditworthiness or could demand that the defendant flip over collateral in the type of property or securities. Bail bondsmen usually accept most property of worth, together with cars, jewellery, and homes as well as stocks 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 a part of the larger debate over mass incarceration, particularly of younger African-American men, within the U.S.
The bail bond system is taken into account 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 price and the remainder 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. because they can not afford bail or a bail bondsman's providers.
Four states together with Illinois, Kentucky, Oregon, and Wisconsin have outlawed bail Visit this website bondsmen and instead require a ten% deposit on the bail amount to be lodged with the court. In 2018, California voted to eradicate cash bail necessities from its courtroom system.