What Is a Bail Bond?
A bail bond is an agreement by a legal defendant to appear for trial or pay a sum of cash set by the court docket. The bail bond is cosigned by a bail bondsman, who costs 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 different international locations, bail could entail a set of restrictions and circumstances positioned on felony defendants in return for his or her launch until their trial dates.
Â·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.
Â·The bail bond serves as surety that the defendant will appear for trial.
Â·Judges typically have wide latitude in setting bail quantities.
Â·Bail bondsmen generally cost 10% of the bail quantity up front in return for their service and will charge extra charges. Some states have put a cap of 8% on the amount charged.
Â·The bail system is broadly considered as discriminatory to low-revenue defendant and contributing to the mass-incarceration of younger African-American males.
How a Bail Bond Works
A person who is charged with a criminal offense is often given a bail hearing before a decide. The quantity of the bail is on 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 appears prone to be a flight risk.
Judges usually have vast latitude in setting bail amounts, and typical amounts fluctuate by jurisdiction. A defendant charged with a nonviolent misdemeanor could see bail set at $500. Felony crime costs have correspondingly excessive 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 quantity of the bail is set, the defendant's decisions are to stay in jail till the costs are resolved at trial, to arrange for a bail bond, or to pay the bail amount in full until the case is resolved. Within the final instance, courts in some jurisdictions settle for title to a house or different collateral of value in lieu of money.
Bail bondsmen, also known as bail bond agents, provide written agreements to prison courts to pay the bail in full if the defendants whose appearances they guarantee fail to seem 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 charges. Some states have put a cap of 8% on the amount charged.
The agent may additionally require a press release of creditworthiness or might demand that the defendant flip over collateral in the type of property or securities. Bail bondsmen generally accept most property of worth, together with cars, jewelry, and homes 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 develop into 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 occupation to be discriminatory, because it requires low-income defendants to stay in jail or scrape collectively a ten% money price and the rest of the bail-in collateralâ€”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 click here not afford bail or a bail bondsman's services.
Four states including Illinois, Kentucky, Oregon, and Wisconsin have outlawed bail bondsmen and as an alternative require a ten% deposit on the bail quantity to be lodged with the court. In 2018, California voted to get rid of cash bail necessities from its court docket system.