What Is a Bail Bond?
A bail bond is an agreement 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 costs the defendant a payment in return for guaranteeing the cost. The bail bond is a type of surety bond.
The industrial bail bond system exists only in the United States and the Philippines. In other international locations, bail could entail a set of restrictions and conditions placed on legal defendants in return for their release 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 huge latitude in setting bail quantities.
·Bail bondsmen typically cost 10% of the bail quantity up front in return for their service and will cost additional fees. Some states have put a cap of eight% on the amount charged.
·The bail system is widely seen 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 judge might deny bail altogether or set it at an astronomical degree 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 excessive bail, with $20,000 or more not unusual.
The industrial bail bond system exists only in the United States and the Philippines.
As soon as the quantity of the bail is about, the defendant's choices 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 till the case is resolved. In the final instance, courts in some jurisdictions accept title to a house or different 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 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 might also require a press release of creditworthiness or may demand that the defendant flip over collateral within the form of property or securities. Bail bondsmen typically settle for most property of worth, together with vehicles, jewellery, and houses as well as shares and bonds.
Once the bail or bail bond is delivered, the defendant is launched till trial.
The Disadvantages of the Bail Bond System
The bail bond system has turn into part of the bigger debate over mass incarceration, especially of younger African-American men, within the U.S.
The bail bond system is considered by many even in the legal profession to be discriminatory, as it requires low-income defendants to stay in jail or scrape collectively a ten% money charge and the rest of the bail-in collateral—even earlier than they stand trial for Get more info 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 providers.
Four states together with Illinois, Kentucky, Oregon, and Wisconsin have outlawed bail bondsmen and as an alternative require a ten% deposit on the bail quantity to be lodged with the court docket. In 2018, California voted to eradicate cash bail requirements from its court system.