What Is a Bail Bond?
A bail bond is an settlement by a criminal defendant to appear for trial or pay a sum of money set by the court docket. The bail bond is cosigned by a bail bondsman, who prices the defendant a price in return for guaranteeing the cost. The bail bond is a sort of surety bond.
The commercial bail bond system exists solely within the United States and the Philippines. In other international locations, bail may entail a set of restrictions and circumstances positioned 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 fee of the bail set by the courtroom.
·The bail bond serves as surety that the defendant will seem for trial.
·Judges typically have large latitude in setting bail amounts.
·Bail bondsmen usually charge 10% of the bail quantity up entrance in return for their service and should cost additional fees. Some states have put a cap of eight% 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 is charged with a criminal offense is often given a bail listening to before a decide. The quantity of the bail is at the choose's discretion. A choose may deny bail altogether or set it at an astronomical level if the defendant is charged with a violent crime or seems prone to be a flight risk.
Judges typically have vast latitude in setting bail quantities, and typical amounts vary by jurisdiction. A defendant charged with a nonviolent misdemeanor may see bail set at $500. Felony crime fees have correspondingly excessive bail, with $20,000 or extra not uncommon.
The industrial bail bond system exists solely in the United States and the Philippines.
As soon as the quantity of the bail is set, the defendant's decisions are to stay in jail till the charges are resolved at trial, to rearrange for a bail bond, or to pay the bail quantity in full till the case is resolved. In the last occasion, courts in some jurisdictions settle for title to a house or different collateral of value in lieu of cash.
Bail bondsmen, also known as bail bond brokers, provide written agreements to felony courts to pay the bail in full if the defendants whose appearances they guarantee fail to seem on their trial dates.
Bail bondsmen typically cost 10% of the bail quantity up entrance in return for his or her service and should charge extra fees. Some states have put a cap of eight% on the quantity charged.
The agent might also require a statement of creditworthiness or may demand that the defendant turn over collateral in the form of property or securities. Bail bondsmen usually settle for most property of worth, together with vehicles, jewelry, and houses as well as stocks and bonds.
Once 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 turn into part of the larger debate over mass incarceration, especially of young African-American men, in the U.S.
The bail bond system is taken into account by many even within the authorized occupation get more info to be discriminatory, because it requires low-earnings defendants to remain in jail or scrape together a 10% cash fee and the rest 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 in the U.S. as a result of they can not afford bail or a bail bondsman's companies.
4 states together with Illinois, Kentucky, Oregon, and Wisconsin have outlawed bail bondsmen and as a substitute require a ten% deposit on the bail quantity to be lodged with the court. In 2018, California voted to eliminate cash bail requirements from its court system.