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 fee in return for guaranteeing the fee. The bail bond is a sort of surety bond.
The business bail bond system exists solely in the United States and the Philippines. In other countries, bail could entail a set of restrictions and situations positioned on legal defendants in return for their release until 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 court docket.
·The bail bond serves as surety that the defendant will seem for trial.
·Judges sometimes have extensive latitude in setting bail amounts.
·Bail bondsmen generally cost 10% of the bail quantity up front in return for their service and may cost extra charges. Some states have put a cap of 8% on the amount charged.
·The bail system is widely considered as discriminatory to low-income defendant and contributing to the mass-incarceration of young African-American men.
How a Bail Bond Works
A person who's charged with against the law is usually given a bail hearing before a choose. The quantity of the bail is at the judge's discretion. A judge could deny bail altogether or set it at an astronomical degree if the defendant is charged with a violent crime or appears likely to be a flight risk.
Judges typically have large latitude in setting bail amounts, and typical amounts vary by jurisdiction. A defendant charged with a nonviolent misdemeanor may see bail set at $500. Felony crime fees have correspondingly high bail, with $20,000 or more not unusual.
The business bail bond system exists only in the United States and the Philippines.
As soon as the quantity of the bail is about, the defendant's choices are to Go to this site stay in jail till the fees 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 last occasion, courts in some jurisdictions settle for title to a home or other collateral of worth in lieu of money.
Bail bondsmen, also known as bail bond brokers, provide written agreements to criminal courts to pay the bail in full if the defendants whose appearances they assure fail to seem on their trial dates.
Bail bondsmen usually charge 10% of the bail quantity up entrance in return for their service and will cost further fees. Some states have put a cap of eight% on the quantity 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 typically accept most property of value, together with automobiles, jewelry, and homes in addition to stocks and bonds.
As soon as the bail or bail bond is delivered, the defendant is launched until trial.
The Disadvantages of the Bail Bond System
The bail bond system has become a part of the larger debate over mass incarceration, especially of younger African-American men, in the U.S.
The bail bond system is taken into account by many even in the legal occupation to be discriminatory, as it requires low-income defendants to remain 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 individuals are being held in jails in the U.S. as a result of they can't afford bail or a bail bondsman's services.
4 states including Illinois, Kentucky, Oregon, and Wisconsin have outlawed bail bondsmen and as a substitute require a ten% deposit on the bail amount to be lodged with the court docket. In 2018, California voted to remove cash bail necessities from its courtroom system.