What Is a Bail Bond?
A bail bond is an settlement by a prison defendant to appear for trial or pay a sum of cash set by the court docket. The bail bond is cosigned by a bail bondsman, who charges the defendant a charge in return for guaranteeing the fee. The bail bond is a type of surety bond.
The commercial bail bond system exists only within the United States and the Philippines. In different international locations, bail may entail a set of restrictions and circumstances positioned on prison defendants in return for his or her launch until their trial dates.
·A bail bond cosigned by a bail bondsmen is posted by a defendant in lieu of full payment of the bail set by the court.
·The bail bond serves as surety that the defendant will seem for trial.
·Judges usually have broad latitude in setting bail amounts.
·Bail bondsmen generally cost 10% of the bail quantity up entrance in return for his or her service and will charge further charges. Some states have put a cap of 8% on the amount charged.
·The bail system is broadly considered as discriminatory to low-earnings 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 typically given a bail hearing earlier than a decide. The quantity of the bail is at the judge's discretion. A decide might deny bail altogether or set it at an astronomical degree if the defendant is charged with a violent crime or seems more likely to be a flight threat.
Judges typically have vast latitude in setting bail quantities, 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 set, the defendant's choices are to stay in jail till the charges are resolved at trial, to rearrange for a bail bond, or to pay the bail quantity in full until the case is resolved. In the last occasion, 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 look on their trial dates.
Bail bondsmen generally charge 10% of the bail amount up front in return for his or her service and should charge extra charges. Some states have put a cap of eight% on the quantity charged.
The agent may also require a statement of creditworthiness or may demand that the defendant flip over collateral within the form of property or securities. Bail bondsmen typically settle for most property of value, including 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 bigger debate over mass incarceration, particularly of younger African-American males, 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-income defendants to stay Find more info in jail or scrape together a 10% cash fee and the remainder of the bail-in collateral—even before 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 services.
Four states including Illinois, Kentucky, Oregon, and Wisconsin have outlawed bail bondsmen and instead require a 10% deposit on the bail quantity to be lodged with the courtroom. In 2018, California voted to eliminate money bail requirements from its court docket system.