What Is a Bail Bond?
A bail bond is an agreement 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 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 international locations, bail could entail a set of restrictions and situations placed on felony defendants in return for their launch 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 courtroom.
·The bail bond serves as surety that the defendant will appear for trial.
·Judges typically have huge latitude in setting bail quantities.
·Bail bondsmen usually charge 10% of the bail amount up entrance in return for his or her service and should charge additional charges. Some states have put a cap of eight% on the quantity charged.
·The bail system is extensively 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 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 charges 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 until the costs are resolved at trial, Find out more 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 house or other collateral of worth in lieu of money.
Bail bondsmen, also called 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 may 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 turn 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 develop into part of the bigger debate over mass incarceration, particularly of young African-American males, within the U.S.
The bail bond system is considered by many even within the legal profession to be discriminatory, because it requires low-revenue defendants to stay in jail or scrape collectively a 10% cash charge 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 instead 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.