What Is a Bail Bond?
A bail bond is an settlement by a felony defendant to seem 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 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 legal defendants in return for his or her release until their trial dates.
·A bail bond cosigned by a bail bondsmen is posted by a defendant in lieu of full payment of the bail set by the court docket.
·The bail bond serves as surety that the defendant will seem for trial.
·Judges usually have large latitude in setting bail amounts.
·Bail bondsmen usually cost 10% of the bail amount up front in return for their 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-revenue defendant and contributing to the mass-incarceration of young African-American males.
How a Bail Bond Works
An individual who's charged with a criminal offense is typically given a bail hearing earlier than a decide. The amount of the bail is at the choose'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 threat.
Judges usually have broad latitude in setting bail amounts, and typical quantities range by jurisdiction. A defendant charged with a nonviolent misdemeanor might see bail set at $500. Felony crime costs have correspondingly high bail, with $20,000 or extra not unusual.
The commercial bail bond system exists only within the United States and the Philippines.
As soon as the amount of the bail is set, the defendant's selections are to stay in jail until the charges are resolved at Have a peek at this website trial, to rearrange for a bail bond, or to pay the bail quantity in full until the case is resolved. In the final occasion, courts in some jurisdictions accept title to a house or different collateral of value in lieu of cash.
Bail bondsmen, additionally referred to as bail bond agents, provide written agreements to prison courts to pay the bail in full if the defendants whose appearances they assure fail to appear on their trial dates.
Bail bondsmen generally cost 10% of the bail amount up front in return for his or her service and should charge additional charges. Some states have put a cap of 8% on the amount charged.
The agent may require a statement of creditworthiness or could demand that the defendant flip over collateral in the type of property or securities. Bail bondsmen usually accept most property of value, together with automobiles, jewelry, and houses as well as 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 turn out to be 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 legal profession to be discriminatory, because it requires low-earnings defendants to remain in jail or scrape collectively a ten% money price and the remainder 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 in the U.S. because they cannot 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. In 2018, California voted to eradicate money bail necessities from its court docket system.