What Is a Bail Bond?
A bail bond is an agreement by a felony defendant to look for trial or pay a sum of money set by the court docket. The bail bond is cosigned by a bail bondsman, who charges the defendant a charge in return for guaranteeing the payment. The bail bond is a kind of surety bond.
The industrial bail bond system exists only in the United States and the Philippines. In different countries, bail may 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 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 charge 10% of the bail quantity up front in return for their service and will cost additional fees. Some states have put a cap of 8% on the quantity charged.
·The bail system is widely 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's charged with a crime is typically given a bail hearing before a decide. The amount of the bail is on the choose's discretion. A judge might deny bail altogether or set it at an astronomical stage if the defendant is charged with a violent crime or seems prone to be a flight risk.
Judges usually have huge latitude in setting bail amounts, and typical amounts range by jurisdiction. A defendant charged with a nonviolent misdemeanor may see bail set at $500. Felony crime charges have correspondingly high bail, with $20,000 or more not unusual.
The industrial bail bond system exists only in the United States and the Philippines.
Once the quantity of the bail is about, 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 occasion, courts in some jurisdictions accept title to a home or other collateral of value in lieu of money.
Bail bondsmen, additionally known as bail bond brokers, provide written agreements to criminal courts to pay the bail in full if the defendants whose appearances they guarantee fail to appear on their trial dates.
Bail bondsmen usually charge 10% of the bail quantity up entrance in return for his or her service and should cost extra charges. 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 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 a part of the bigger 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 Extra resources discriminatory, as it requires low-revenue defendants to stay in jail or scrape together a 10% money payment and the rest of the bail-in collateral—even earlier than 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 can't 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 ten% deposit on the bail quantity to be lodged with the courtroom. In 2018, California voted to remove money bail necessities from its court docket system.