What Is a Bail Bond?
A bail bond is an agreement by a criminal defendant to look for trial or pay a sum of money set by the court docket. The bail bond is cosigned by a bail bondsman, who costs the defendant a price in return for guaranteeing the payment. The bail bond is a sort of surety bond.
The commercial bail bond system exists solely within the United States and the Philippines. In other international locations, bail may entail a set of restrictions and situations placed on felony defendants in return for his or her release until 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 court.
·The bail bond serves as surety that the defendant will seem for trial.
·Judges usually have large latitude in setting bail quantities.
·Bail bondsmen generally cost 10% of the bail quantity up front in return for his or her service and will charge further charges. Some states have put a cap of 8% on the quantity 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
An individual who's charged with a crime is usually given a bail listening to before a decide. The quantity of the bail is on the judge's discretion. A decide could deny bail altogether or set it at an astronomical stage if the defendant is charged with a violent crime or appears more likely to be a flight threat.
Judges generally have large latitude in setting bail quantities, and typical amounts differ by jurisdiction. A defendant charged with a nonviolent misdemeanor might see bail set at $500. Felony crime prices have correspondingly high bail, with $20,000 or more not unusual.
The commercial 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 decisions are to stay in jail till the charges 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 last instance, courts in get more info some jurisdictions accept title to a house or different collateral of worth in lieu of cash.
Bail bondsmen, also referred to as bail bond brokers, present written agreements to criminal courts to pay the bail in full if the defendants whose appearances they guarantee fail to seem on their trial dates.
Bail bondsmen typically cost 10% of the bail amount up front in return for their service and should cost extra fees. Some states have put a cap of 8% on the amount charged.
The agent might also require an announcement of creditworthiness or may demand that the defendant turn over collateral within the type of property or securities. Bail bondsmen typically settle for most property of value, including cars, jewelry, and homes in addition to shares and bonds.
As soon as the bail or bail bond is delivered, the defendant is launched until trial.
The Disadvantages of the Bail Bond System
The bail bond system has turn into part of the bigger debate over mass incarceration, particularly of younger African-American males, within the U.S.
The bail bond system is considered by many even in the legal career to be discriminatory, as it requires low-revenue defendants to remain in jail or scrape collectively a ten% money price and the remainder of the bail-in collateral—even earlier than they stand trial for any crime. PrisonPolicy.org says that about 536,000 people are being held in jails in the U.S. because they cannot afford bail or a bail bondsman's providers.
Four states including 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 courtroom. In 2018, California voted to remove money bail necessities from its court docket system.