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 price in return for guaranteeing the fee. The bail bond is a kind of surety bond.
The business bail bond system exists only in the United States and the Philippines. In different international locations, bail might entail a set of restrictions and circumstances placed on criminal defendants in return for his or her 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 court.
·The bail bond serves as surety that the defendant will appear for trial.
·Judges usually have vast latitude in setting bail quantities.
·Bail bondsmen usually charge 10% of the bail quantity up entrance in return for his or her service and should charge extra charges. Some states have put a cap of 8% on the amount charged.
·The bail system is widely considered as discriminatory to low-revenue defendant and contributing to the mass-incarceration of young African-American men.
How a Bail Bond Works
A person who's charged with a criminal offense is usually given a bail hearing earlier than a choose. The amount of the bail is at the judge's discretion. A choose might deny bail altogether or set it at an astronomical level if the defendant is charged with a violent crime or appears prone to be a flight danger.
Judges usually have broad latitude in setting bail quantities, and typical quantities differ by jurisdiction. A defendant charged with a nonviolent misdemeanor could see bail set at $500. Felony crime charges have correspondingly excessive bail, with $20,000 or more not uncommon.
The industrial bail bond system exists solely in the United States and the Philippines.
Once the quantity of the bail is ready, the defendant's decisions are to remain in jail till the fees 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 accept title to a home or other collateral of worth in lieu of money.
Bail bondsmen, also called bail bond agents, 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 his or her service and will cost extra fees. Some states have put a cap of 8% on the quantity charged.
The agent might also require an announcement of creditworthiness or could demand that the defendant flip over collateral within the form of property or securities. Bail bondsmen typically settle for most property of value, together with automobiles, jewelry, and homes in addition to stocks and bonds.
Once the bail or bail bond is delivered, the defendant is released until trial.
The Disadvantages of the Bail Bond System
The bail bond system has become 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 fee and the remainder 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 Bail Bonds Los Angeles jails within 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 bondsmen and as an alternative require a 10% deposit on the bail quantity to be lodged with the court. In 2018, California voted to eradicate cash bail requirements from its courtroom system.