What Is a Bail Bond?
A bail bond is an agreement by a prison defendant to look for trial or pay a sum of cash set by the courtroom. The bail bond is cosigned by a bail bondsman, who fees the defendant a charge in return for guaranteeing the cost. The bail bond is a type of surety bond.
The commercial bail bond system exists only within the United States and the Philippines. In different international locations, bail could entail a set of restrictions and conditions positioned on legal 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 payment of the bail set by the court docket.
·The bail bond serves as surety that the defendant will seem for trial.
·Judges usually have large latitude in setting bail amounts.
·Bail bondsmen generally charge 10% of the bail quantity up entrance in return for his or her service and should charge additional charges. Some states have put a cap of eight% on the quantity charged.
·The bail system is widely viewed as discriminatory to low-earnings 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 before a judge. The amount of the bail is on the decide'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 generally have wide latitude in setting bail quantities, and typical quantities differ 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 selections are to remain in jail until the costs are resolved at trial, to rearrange for a bail bond, or to pay the bail amount in full until the case is resolved. Within the final instance, courts in some jurisdictions accept title to a house or different collateral of value in lieu of cash.
Bail bondsmen, also called bail bond agents, present written agreements to prison courts to pay the bail in full if the defendants whose appearances they assure fail to look on their trial dates.
Bail bondsmen typically cost 10% of the bail quantity up entrance in return for his or her service and should cost further charges. Some states have put a cap of 8% on the amount charged.
The agent may also require an announcement of creditworthiness or might demand that the defendant turn over collateral in the type of property or securities. Bail bondsmen usually 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 launched until trial.
The Disadvantages of the Bail Bond System
The bail bond system has become a part of the larger debate over mass incarceration, especially of younger African-American men, in the U.S.
The bail bond system is taken into account by many even in the legal occupation to be discriminatory, as it requires low-income defendants to Learn here remain in jail or scrape together a 10% money payment and the rest 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 companies.
4 states including Illinois, Kentucky, Oregon, and Wisconsin have outlawed bail bondsmen and as a substitute require a 10% 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 courtroom system.