What Is a Bail Bond?
A bail bond is an agreement by a felony defendant to look for trial or pay a sum of cash set by the court docket. The bail bond is cosigned by a bail bondsman, who fees the defendant a fee in return for guaranteeing the cost. The bail bond is a type of surety bond.
The business bail bond system exists only within the United States and the Philippines. In other nations, bail may entail a set of restrictions and circumstances positioned on felony defendants in return for his or her release till 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 courtroom.
·The bail bond serves as surety that the defendant will seem for trial.
·Judges typically have vast latitude in setting bail amounts.
·Bail bondsmen usually cost 10% of the bail amount up entrance in return for their service and should cost additional charges. Some states have put a cap of eight% on the amount charged.
·The bail system is extensively considered 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 against the law is typically given a bail listening to earlier than a judge. The quantity of the bail is on the judge's discretion. A decide could deny bail altogether or set it at an astronomical level if the defendant is charged with a violent crime or appears more likely to be a flight threat.
Judges generally have large latitude in setting bail quantities, and typical amounts range by jurisdiction. A defendant charged with a nonviolent misdemeanor may see bail set at $500. Felony crime costs have correspondingly excessive bail, with $20,000 or extra not uncommon.
The business bail bond system exists solely within the United States and the Philippines.
Once the amount of the bail is about, the defendant's selections are to remain in jail until the costs are resolved at trial, to rearrange for a bail bond, or to pay the bail amount in full until the case is resolved. Within the final instance, courts in some jurisdictions accept title to a home or different collateral of worth in lieu of cash.
Bail bondsmen, also known as bail bond agents, provide written agreements to legal courts to pay the bail in full if the defendants whose appearances they assure fail to appear on their trial dates.
Bail bondsmen generally charge 10% of the bail quantity up entrance in return for their service and may charge further charges. Some states have put a cap of 8% on the amount charged.
The agent might also require a statement of creditworthiness or may demand that the defendant turn over collateral within the type of Learn here property or securities. Bail bondsmen typically accept most property of value, including automobiles, jewellery, and homes as well as 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 grow to be a part of the bigger debate over mass incarceration, especially of young African-American men, within the U.S.
The bail bond system is taken into account by many even within the authorized occupation to be discriminatory, as it requires low-income defendants to stay in jail or scrape together a 10% money charge and the remainder 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 in the U.S. because they cannot 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 court docket. In 2018, California voted to eradicate money bail necessities from its court docket system.