What Is a Bail Bond?
A bail bond is an agreement by a felony defendant to appear for trial or pay a sum of cash set by the courtroom. The bail bond is cosigned by a bail bondsman, who costs the defendant a fee in return for guaranteeing the fee. The bail bond is a type of surety bond.
The industrial bail bond system exists solely in the United States and the Philippines. In other nations, bail may entail a set of restrictions and situations placed on criminal defendants in return for his or her release till 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 typically have vast latitude in setting bail amounts.
·Bail bondsmen typically charge 10% of the bail quantity up entrance in return for their service and should charge further fees. Some states have put a cap of eight% on the amount charged.
·The bail system is extensively viewed as discriminatory to low-revenue defendant and contributing to the mass-incarceration of younger African-American men.
How a Bail Bond Works
An individual who is charged with a criminal offense is often given a bail hearing earlier than a judge. The quantity of the bail is at the choose's discretion. A decide could deny bail altogether or set it at an astronomical degree if the defendant is charged with a violent crime or seems likely to be a flight danger.
Judges generally have large latitude in setting bail amounts, and typical amounts fluctuate by jurisdiction. A defendant charged with a nonviolent misdemeanor might see bail set at $500. Felony crime costs have correspondingly excessive bail, with $20,000 or more not unusual.
The commercial bail bond system exists solely within the United States and the Philippines.
Once the quantity of the bail is set, the defendant's selections 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 accept title to a house or other collateral of value in lieu of money.
Bail bondsmen, also referred to as bail bond brokers, provide written agreements to legal courts to pay the bail in full if the defendants whose appearances they assure fail to appear on their trial dates.
Bail bondsmen typically charge 10% of the bail amount up entrance in return for his or her service and should cost extra fees. Some states have put a cap of 8% on the amount charged.
The agent might also require a statement of creditworthiness or may demand that the defendant flip over collateral within the form of property or securities. Bail bondsmen generally settle for most property click here of worth, including automobiles, jewelry, and houses in addition to shares and bonds.
Once the bail or bail bond is delivered, the defendant is released until trial.
The Disadvantages of the Bail Bond System
The bail bond system has become part of the larger debate over mass incarceration, particularly of younger African-American males, within the U.S.
The bail bond system is considered by many even within the authorized profession to be discriminatory, as it requires low-revenue defendants to remain in jail or scrape collectively a 10% cash payment and the remainder of the bail-in collateral—even before 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 can not afford bail or a bail bondsman's services.
4 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 courtroom. In 2018, California voted to eliminate cash bail requirements from its courtroom system.