What Is a Bail Bond?
A bail bond is an agreement by a felony defendant to appear for trial or pay a sum of cash set by the court. The bail bond is cosigned by a bail bondsman, who prices the defendant a payment in return for guaranteeing the fee. The bail bond is a kind of surety bond.
The commercial bail bond system exists only within the United States and the Philippines. In other nations, bail could entail a set of restrictions and conditions positioned on criminal defendants in return for their launch 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 cost 10% of the bail amount up front in return for his or her service and will charge additional fees. Some states have put a cap of eight% on the amount 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 a crime is often given a bail listening to earlier than a judge. The amount of the bail is on the decide'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 seems likely to be a flight risk.
Judges generally have huge latitude in setting bail quantities, and typical amounts differ by jurisdiction. A defendant charged with a nonviolent misdemeanor could see bail set at $500. Felony crime expenses 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, 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 generally cost 10% of the bail quantity up front in return for their service and will charge additional charges. Some states have put a cap More help of 8% on the amount charged.
The agent may also require an announcement of creditworthiness or might demand that the defendant turn over collateral within the type of property or securities. Bail bondsmen usually settle for most property of worth, including cars, jewellery, and houses as well as shares and bonds.
Once 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 turn into part of the bigger debate over mass incarceration, especially of young African-American males, in the U.S.
The bail bond system is considered by many even within the legal occupation to be discriminatory, because 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 people are being held in jails within the U.S. as a result of they cannot afford bail or a bail bondsman's companies.
Four 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. In 2018, California voted to remove cash bail necessities from its court docket system.