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 payment in return for guaranteeing the fee. The bail bond is a kind of surety bond.
The commercial bail bond system exists solely in the United States and the Philippines. In different nations, bail could entail a set of restrictions and circumstances placed on prison defendants in return for their 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 courtroom.
Â·The bail bond serves as surety that the defendant will seem for trial.
Â·Judges sometimes have huge latitude in setting bail amounts.
Â·Bail bondsmen generally charge 10% of the bail quantity up front in return for his or her service and should cost additional charges. Some states have put a cap of 8% on the quantity charged.
Â·The bail system is widely considered 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 typically given a bail listening to earlier than a decide. The quantity of the bail is at the choose's discretion. A judge might 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 danger.
Judges typically have extensive latitude in setting bail quantities, and typical amounts range by jurisdiction. A defendant charged with a nonviolent misdemeanor could see bail set at $500. Felony crime charges have correspondingly high 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 until the costs are resolved at trial, to rearrange for a bail bond, or to pay the bail quantity in full until the case is resolved. In the final instance, courts in some jurisdictions accept title to a house or other collateral of worth in lieu of cash.
Bail bondsmen, additionally known as bail bond agents, present written agreements to criminal courts to pay the bail in full if the defendants whose appearances they guarantee fail to look on their trial dates.
Bail bondsmen generally charge 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 might also require a statement of creditworthiness or might demand that the defendant flip over collateral in the form Visit the website of property or securities. Bail bondsmen usually settle for most property of worth, including automobiles, jewellery, and homes as well as stocks 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 turn out to be a part of the bigger debate over mass incarceration, particularly of young African-American men, in the U.S.
The bail bond system is taken into account by many even in the legal career to be discriminatory, because it requires low-earnings defendants to stay in jail or scrape together a 10% 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 within the U.S. because they cannot afford bail or a bail bondsman's providers.
4 states together with 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 eradicate money bail requirements from its courtroom system.