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 court docket. The bail bond is cosigned by a bail bondsman, who fees the defendant a price in return for guaranteeing the payment. The bail bond is a kind of surety bond.
The business bail bond system exists only in the United States and the Philippines. In other countries, bail could entail a set of restrictions and situations positioned on felony defendants in return for their release till 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 courtroom.
·The bail bond serves as surety that the defendant will appear for trial.
·Judges typically have wide latitude in setting bail quantities.
·Bail bondsmen typically cost 10% of the bail amount up front in return for his or her 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's charged with against the law is typically given a bail hearing earlier than a choose. The amount of the bail is at the judge's discretion. A choose might deny bail altogether or set it at an astronomical degree 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 last occasion, courts in some jurisdictions settle for title to a home or other collateral of worth in lieu of cash.
Bail bondsmen, also known as bail bond brokers, provide written 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 cost 10% of the bail quantity up front in return for his or her service and will charge additional 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 within the type of property or securities. Bail bondsmen typically settle for most property of value, including vehicles, jewelry, and houses in addition to stocks and bonds.
Once 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 out to be a part of the bigger debate over mass incarceration, especially of younger African-American males, in the U.S.
The bail bond system is considered by many even in the authorized career to be discriminatory, because it requires low-income defendants to remain in jail or scrape together a 10% money Bail Bonds downtown LA 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 individuals are being held in jails within the U.S. as a result of they cannot afford bail or a bail bondsman's services.
4 states including 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 court docket. In 2018, California voted to eradicate money bail necessities from its court docket system.