What Is a Bail Bond?
A bail bond is an settlement 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 prices the defendant a price in return for guaranteeing the fee. 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 circumstances placed on criminal 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.
·The bail bond serves as surety that the defendant will appear for trial.
·Judges sometimes have huge latitude in setting bail amounts.
·Bail bondsmen typically cost 10% of the bail quantity up front in return for their service and will cost further fees. Some states have put a cap of 8% on the quantity charged.
·The bail system is broadly seen as discriminatory to low-income defendant and contributing to the mass-incarceration of young African-American males.
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 appears prone to be a flight danger.
Judges usually have broad latitude in setting bail amounts, and typical quantities range by jurisdiction. A defendant charged with a nonviolent misdemeanor could 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 till the costs are resolved at trial, to arrange for a bail bond, or to pay the bail amount in full till the case is resolved. Within the final instance, courts in some jurisdictions settle for title to a house or other collateral of value 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 check here 10% of the bail quantity up entrance in return for their service and will cost further fees. Some states have put a cap of eight% on the amount charged.
The agent can also require a statement 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 grow to be part of the larger debate over mass incarceration, particularly of young African-American men, within the U.S.
The bail bond system is considered by many even within the authorized career to be discriminatory, as it requires low-earnings defendants to remain in jail or scrape together a ten% cash fee and the remainder of the bail-in collateral—even before they stand trial for any crime. PrisonPolicy.org says that about 536,000 people are being held in jails within 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 10% deposit on the bail quantity to be lodged with the courtroom. In 2018, California voted to get rid of money bail necessities from its court system.