What Is a Bail Bond?
A bail bond is an settlement by a felony defendant to appear for trial or pay a sum of money set by the court. The bail bond is cosigned by a bail bondsman, who prices 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 other international locations, bail could entail a set of restrictions and circumstances placed on criminal defendants in return for their launch till 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 large latitude in setting bail amounts.
·Bail bondsmen generally cost 10% of the bail quantity up entrance in return for their service and may charge additional charges. Some states have put a cap of eight% on the quantity charged.
·The bail system is broadly viewed as discriminatory to low-income defendant and contributing to the mass-incarceration of young African-American males.
How a Bail Bond Works
A person who's charged with a crime is often given a bail hearing before a decide. The quantity of the bail is at the choose'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 danger.
Judges usually have broad latitude in setting bail amounts, and typical quantities range 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 extra not uncommon.
The commercial bail bond system exists solely within the United States and the Philippines.
Once the amount of the bail is ready, the defendant's decisions are to remain in jail till the costs 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 occasion, courts in some jurisdictions settle for title to a home or other collateral of worth in lieu of money.
Bail bondsmen, also known as bail bond brokers, 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 charge additional charges. Some states have put a cap of 8% on the amount charged.
The agent may additionally require an announcement of creditworthiness or might demand that the defendant flip over collateral within the form of property or securities. Bail bondsmen usually settle for most property of worth, together with vehicles, jewelry, and homes in addition to shares and bonds.
As soon as 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 part of the bigger debate over mass incarceration, particularly of young African-American men, in the U.S.
The bail bond system is considered by many even within the authorized profession to be discriminatory, as it requires low-earnings defendants to remain in jail or scrape together a ten% 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 persons 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 The original source alternative require a 10% deposit on the bail quantity to be lodged with the court docket. In 2018, California voted to eradicate money bail requirements from its court docket system.