What Is a Bail Bond?
A bail bond is an agreement 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 prices the defendant a payment in return for guaranteeing the payment. The bail bond is a type of surety bond.
The commercial bail bond system exists solely within the United States and the Philippines. In different nations, bail could entail a set of restrictions and conditions placed on prison defendants in return for their 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 front in return for their service and may cost further fees. Some states have put a cap of 8% on the amount charged.
·The bail system is extensively considered as discriminatory to low-earnings defendant and contributing to the mass-incarceration of young African-American men.
How a Bail Bond Works
An individual who is charged with a crime is typically 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 danger.
Judges usually have huge 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 expenses have correspondingly high bail, with $20,000 or extra not unusual.
The industrial bail bond system exists only in the United States and the Philippines.
Once the quantity of the bail is ready, the defendant's selections are to remain in jail until the charges are resolved at trial, to arrange for a bail bond, or to pay the bail quantity in full until the case is resolved. In the final occasion, courts in some jurisdictions accept title to a home or different collateral of value in lieu of cash.
Bail bondsmen, additionally referred to as bail bond agents, present written agreements to legal 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 cost 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 in the form of property or securities. Bail bondsmen typically settle for most property of worth, together with cars, jewellery, and homes as well as shares and bonds.
As soon as 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, within 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% Click to find out more 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.