What Is a Bail Bond?
A bail bond is an settlement by a legal defendant to appear for trial or pay a sum of money set by the courtroom. The bail bond is cosigned by a bail bondsman, who charges the defendant a payment in return for guaranteeing the fee. The bail bond is a type of surety bond.
The business bail bond system exists solely in the United States and the Philippines. In different countries, bail might entail a set of restrictions and situations placed on felony defendants in return for his or her launch until their trial dates.
·A bail bond cosigned by a bail bondsmen is posted by a defendant in lieu of full cost of the bail set by the court.
·The bail bond serves as surety that the defendant will seem for trial.
·Judges usually have broad latitude in setting bail quantities.
·Bail bondsmen typically charge 10% of the bail amount up entrance in return for his or her service and will charge additional charges. Some states have put a cap of eight% on the amount charged.
·The bail system is widely viewed as discriminatory to low-earnings defendant and contributing to the mass-incarceration of younger African-American men.
How a Bail Bond Works
A person who is charged with a crime is usually given a bail hearing 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 stage 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 amounts differ by jurisdiction. A defendant charged with a nonviolent misdemeanor might 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 in the United States and the Philippines.
Once the quantity of the bail is about, the defendant's decisions are to remain in jail till the fees 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 some jurisdictions settle for title to a home or other collateral of worth in lieu of money.
Bail bondsmen, also known 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 appear on their trial dates.
Bail bondsmen generally cost 10% of the bail quantity up front in return for their service and will cost additional charges. Some states have put a cap of eight% on the amount charged.
The agent can also require an announcement of creditworthiness or could demand that the defendant turn over collateral within the type of property or securities. Bail bondsmen usually settle for most property of worth, together with cars, jewelry, and houses as well as shares and bonds.
As soon as the bail or bail bond is delivered, the defendant is launched till trial.
The Disadvantages of the Bail Bond System
The bail bond system has become part of the bigger debate over mass incarceration, particularly of young African-American males, within the U.S.
The bail bond system is considered by many even in the legal profession to be discriminatory, as it requires low-income defendants to stay in jail or scrape collectively a 10% Hop over to this website cash payment and the rest 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 in the U.S. as a result of they can't afford bail or a bail bondsman's services.
Four states including Illinois, Kentucky, Oregon, and Wisconsin have outlawed bail bondsmen and instead require a 10% deposit on the bail amount to be lodged with the court docket. In 2018, California voted to remove cash bail necessities from its courtroom system.