What Is a Bail Bond?
A bail bond is an agreement by a legal defendant to look for trial or pay a sum of money set by the courtroom. 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 business bail bond system exists solely within the United States and the Philippines. In different countries, bail might entail a set of restrictions and situations positioned on criminal 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 appear for trial.
·Judges usually have vast latitude in setting bail quantities.
·Bail bondsmen usually charge 10% of the bail amount 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 extensively 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 at the choose's discretion. A choose might 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 threat.
Judges usually have broad latitude in setting bail amounts, and typical quantities range by jurisdiction. A defendant charged with a nonviolent misdemeanor might see bail set at $500. Felony crime costs have correspondingly high bail, with $20,000 or extra not unusual.
The business bail bond system exists only within the United States and the Philippines.
As soon as the amount of the bail is set, the defendant's selections are to remain in jail until the charges are resolved at trial, to rearrange 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 worth in lieu of cash.
Bail bondsmen, also known as bail bond brokers, provide written check here agreements to criminal courts to pay the bail in full if the defendants whose appearances they assure fail to seem on their trial dates.
Bail bondsmen generally charge 10% of the bail quantity up front in return for their service and will cost further fees. Some states have put a cap of eight% on the quantity charged.
The agent may require a statement of creditworthiness or could 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 in addition to 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 within the legal occupation to be discriminatory, because it requires low-income defendants to remain in jail or scrape collectively a 10% 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 instead require a ten% deposit on the bail amount to be lodged with the court. In 2018, California voted to remove cash bail necessities from its courtroom system.