What Is a Bail Bond?
A bail bond is an settlement by a prison defendant to appear for trial or pay a sum of money set by the courtroom. 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 type of surety bond.
The commercial 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 criminal 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 fee of the bail set by the court docket.
·The bail bond serves as surety that the defendant will seem for trial.
·Judges sometimes have vast latitude in setting bail quantities.
·Bail bondsmen usually cost 10% of the bail quantity up front in return for his or her service and will charge extra charges. Some states have put a cap of eight% on the amount charged.
·The bail system is widely 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 crime is typically given a bail listening to before a judge. The quantity of the bail is on the decide's discretion. A judge could 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 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 costs have correspondingly high 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 about, the defendant's selections are to stay in jail until the fees 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 home or other collateral of worth in lieu of cash.
Bail bondsmen, also known as bail bond brokers, provide written agreements to prison courts to pay the bail in full if the defendants whose appearances they guarantee fail to appear on their trial dates.
Bail bondsmen usually charge 10% of the bail quantity up entrance in return for their service and may cost further fees. Some states have put a cap of eight% on the quantity charged.
The agent may require a statement Article source of creditworthiness or could demand that the defendant flip over collateral in the type of property or securities. Bail bondsmen usually accept most property of worth, together with cars, jewellery, and homes 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 develop into part of the bigger debate over mass incarceration, particularly of young African-American males, in the U.S.
The bail bond system is considered by many even within the legal profession to be discriminatory, because it requires low-income defendants to remain in jail or scrape collectively a 10% money charge and the rest 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 jails in the U.S. as a result of they can't afford bail or a bail bondsman's companies.
4 states including Illinois, Kentucky, Oregon, and Wisconsin have outlawed bail bondsmen and as a substitute require a 10% deposit on the bail amount to be lodged with the court docket. In 2018, California voted to get rid of money bail necessities from its court system.