What Is a Bail Bond?
A bail bond is an settlement by a prison defendant to look for trial or pay a sum of cash set by the courtroom. The bail bond is cosigned by a bail bondsman, who expenses the defendant a payment in return for guaranteeing the payment. The bail bond is a type of surety bond.
The commercial bail bond system exists solely within the United States and the Philippines. In different nations, bail may entail a set of restrictions and conditions positioned on legal defendants in return for his or her release 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 docket.
·The bail bond serves as surety that the defendant will seem for trial.
·Judges sometimes have extensive latitude in setting bail amounts.
·Bail bondsmen typically cost 10% of the bail quantity up front in return for their service and will cost further fees. Some states have put a cap of 8% on the quantity charged.
·The bail system is broadly seen as discriminatory to low-income defendant and contributing to the mass-incarceration of young African-American males.
How a Bail Bond Works
An individual who is charged with a crime is typically given a bail listening to earlier than a decide. The amount of the bail is on the choose's discretion. A decide may deny bail altogether or set it at an astronomical level if the defendant is charged with a violent crime or seems more likely to be a flight risk.
Judges generally have huge 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 prices have correspondingly excessive bail, with $20,000 or more not uncommon.
The industrial bail bond system exists solely in the United Website link States and the Philippines.
Once the quantity of the bail is about, the defendant's choices are to remain in jail till the fees are resolved at trial, to arrange for a bail bond, or to pay the bail quantity in full till the case is resolved. In the last occasion, 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 prison courts to pay the bail in full if the defendants whose appearances they assure fail to appear on their trial dates.
Bail bondsmen generally cost 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 8% on the quantity charged.
The agent may additionally require a press release of creditworthiness or may demand that the defendant flip over collateral within the form of property or securities. Bail bondsmen generally settle for most property of value, including vehicles, jewelry, and houses in addition to stocks and bonds.
Once 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 larger debate over mass incarceration, especially of younger African-American men, in 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 remain in jail or scrape together a ten% 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. 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 money bail requirements from its court docket system.