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 charges the defendant a fee in return for guaranteeing the fee. The bail bond is a sort of surety bond.
The industrial bail bond system exists solely in the United States and the Philippines. In other countries, bail may entail a set of restrictions and situations positioned on legal defendants in return for their 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 docket.
·The bail bond serves as surety that the defendant will seem for trial.
·Judges sometimes have extensive latitude in setting bail amounts.
·Bail bondsmen generally cost 10% of the bail quantity up entrance in return for their service and may cost extra charges. Some states have put a cap of 8% on the amount charged.
·The bail system is widely considered 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 is charged with a criminal offense is often given a bail listening to earlier than 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 Bail Bonds in Los Angeles with a nonviolent misdemeanor could see bail set at $500. Felony crime prices have correspondingly excessive bail, with $20,000 or more 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 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. In the last instance, courts in some jurisdictions settle for title to a house or other collateral of value in lieu of cash.
Bail bondsmen, also called bail bond brokers, provide written agreements to criminal courts to pay the bail in full if the defendants whose appearances they assure fail to look on their trial dates.
Bail bondsmen usually charge 10% of the bail quantity up entrance in return for their service and may 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 grow to be a part of the bigger debate over mass incarceration, especially of young African-American males, within the U.S.
The bail bond system is considered by many even in the authorized profession to be discriminatory, because it requires low-revenue defendants to stay in jail or scrape together a ten% cash price 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 companies.
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 eliminate money bail requirements from its court system.