What Is a Bail Bond?
A bail bond is an settlement by a prison 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 prices the defendant a price in return for guaranteeing the fee. The bail bond is a sort of surety bond.
The industrial bail bond system exists solely in the United States and the Philippines. In other countries, bail may entail a set of restrictions and situations positioned on legal defendants in return for their release till 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 courtroom.
·The bail bond serves as surety that the defendant will appear for trial.
·Judges typically have wide latitude in setting bail quantities.
·Bail bondsmen typically cost 10% of the bail amount up front in return for his or her service and will charge additional fees. Some states have put a cap of eight% on the quantity charged.
·The bail system is extensively viewed as discriminatory to low-income defendant and contributing to the mass-incarceration of younger African-American males.
How a Bail Bond Works
A person who is charged with a crime is often 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 fees have correspondingly high bail, with $20,000 or more not unusual.
The business bail bond system exists only in the United States and the Philippines.
As soon as the quantity of the bail is set, the defendant's choices 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 until the case is resolved. In the final instance, courts in some jurisdictions accept title to a house or different collateral of value in lieu of cash.
Bail bondsmen, additionally referred to as bail bond agents, 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 typically cost 10% of the bail amount up entrance in return for his or her service and should charge extra fees. 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 in the form of property or securities. Bail bondsmen typically accept most property of value, together with automobiles, jewelry, and homes as well as stocks 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 change into a part of the larger debate over mass incarceration, particularly of younger African-American men, within the U.S.
The bail bond system is considered by many even in the authorized career to be discriminatory, as it requires low-revenue defendants to stay in jail or scrape collectively a ten% cash price and the rest of the bail-in collateral—even before they stand Helpful resources trial for any crime. PrisonPolicy.org says that about 536,000 persons are being held in jails in the U.S. because they can not afford bail or a bail bondsman's services.
4 states together with Illinois, Kentucky, Oregon, and Wisconsin have outlawed bail bondsmen and instead require a ten% deposit on the bail amount to be lodged with the court. In 2018, California voted to remove cash bail necessities from its courtroom system.