What Is a Bail Bond?
A bail bond is an settlement by a criminal 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 fees the defendant a charge in return for guaranteeing the cost. The bail bond is a kind of surety bond.
The commercial bail bond system exists only within the United States and the Philippines. In different nations, bail might entail a set of restrictions and circumstances placed on criminal 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 vast latitude in setting bail quantities.
·Bail bondsmen generally charge 10% of the bail quantity up entrance in return for their service and may charge extra charges. Some states have put a cap of 8% 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 criminal offense is usually given a bail hearing earlier than a choose. The quantity of the bail is at the judge's discretion. A choose might deny bail altogether or set it at an astronomical degree if the defendant is charged with a violent crime or appears prone to be a flight threat.
Judges usually have extensive latitude in setting bail amounts, and typical quantities range by jurisdiction. A defendant charged with a nonviolent misdemeanor might 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 until the costs are resolved at trial, to rearrange for a bail bond, or to pay the bail amount in full till Click for source the case is resolved. Within the last instance, 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, present written agreements to felony courts to pay the bail in full if the defendants whose appearances they guarantee fail to look on their trial dates.
Bail bondsmen usually charge 10% of the bail quantity up entrance in return for their service and will cost additional fees. Some states have put a cap of eight% on the amount charged.
The agent can also require a statement of creditworthiness or could demand that the defendant turn over collateral in the type of property or securities. Bail bondsmen usually accept most property of worth, including cars, jewellery, and houses 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-revenue defendants to stay 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 services.
4 states including Illinois, Kentucky, Oregon, and Wisconsin have outlawed bail bondsmen and as a substitute require a ten% deposit on the bail amount to be lodged with the court docket. In 2018, California voted to get rid of cash bail necessities from its court system.