What Is a Bail Bond?
A bail bond is an settlement by a criminal defendant to look 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 business bail bond system exists only in the United States and the Philippines. In different international locations, bail could entail a set of restrictions and conditions positioned on prison 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 cost 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 usually cost 10% of the bail amount up front in return for his or her service and may charge extra charges. Some states have put a cap of 8% on the quantity charged.
·The bail system is broadly viewed as discriminatory to low-revenue defendant and contributing to the mass-incarceration of younger African-American men.
How a Bail Bond Works
An individual who's charged with a crime is typically given a bail listening to earlier than a decide. The amount of the bail is at the choose'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 generally have broad latitude in setting bail amounts, and typical amounts range by jurisdiction. A defendant charged with a nonviolent misdemeanor may see bail set at $500. Felony crime costs have correspondingly Continue reading excessive bail, with $20,000 or extra not uncommon.
The commercial bail bond system exists only within the United States and the Philippines.
As soon as the amount of the bail is set, the defendant's selections are to stay in jail until the charges are resolved at trial, to rearrange for a bail bond, or to pay the bail quantity in full till the case is resolved. In the last instance, courts in some jurisdictions accept title to a house or different collateral of value in lieu of cash.
Bail bondsmen, additionally 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 seem on their trial dates.
Bail bondsmen generally cost 10% of the bail quantity up front in return for their service and should cost extra charges. Some states have put a cap of 8% on the amount charged.
The agent may additionally require an announcement of creditworthiness or may demand that the defendant turn over collateral in the form of property or securities. Bail bondsmen usually settle for most property of worth, together with vehicles, jewelry, and houses as well as stocks and bonds.
Once 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 change into 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 legal occupation to be discriminatory, as it requires low-income defendants to stay in jail or scrape together a 10% cash fee and the rest of the bail-in collateral—even before 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 not afford bail or a bail bondsman's companies.
4 states together with Illinois, Kentucky, Oregon, and Wisconsin have outlawed bail bondsmen and as a substitute require a ten% deposit on the bail quantity to be lodged with the court docket. In 2018, California voted to eradicate money bail necessities from its court docket system.