What Is a Bail Bond?
A bail bond is an settlement by a criminal defendant to seem for trial or pay a sum of cash set by the court. The bail bond is cosigned by a bail bondsman, who fees the defendant a fee in return for guaranteeing the cost. The bail bond is a sort of surety bond.
The business bail bond system exists solely within the United States and the Philippines. In other nations, bail could entail a set of restrictions and conditions positioned on prison defendants in return for their launch till their trial dates.
Â·A bail bond cosigned by a bail bondsmen is posted by a defendant in lieu of full payment of the bail set by the courtroom.
Â·The bail bond serves as surety that the defendant will seem for trial.
Â·Judges usually have extensive latitude in setting bail quantities.
Â·Bail bondsmen typically charge 10% of the bail quantity up entrance in return for their service and should cost extra fees. Some states have put a cap of 8% on the quantity charged.
Â·The bail system is broadly viewed as discriminatory to low-revenue defendant and contributing to the mass-incarceration of younger 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 on the judge's discretion. A decide might deny bail altogether or set it at an astronomical stage if the defendant is charged with a violent crime or appears likely to be a flight danger.
Judges typically have wide latitude in setting bail amounts, and typical amounts range 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 uncommon.
The commercial bail bond system exists only within the United States and the Philippines.
As soon as the amount Additional hints 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. In the final occasion, courts in some jurisdictions settle for title to a house or other collateral of value in lieu of cash.
Bail bondsmen, also referred to as bail bond brokers, present written agreements to criminal courts to pay the bail in full if the defendants whose appearances they guarantee fail to seem on their trial dates.
Bail bondsmen usually cost 10% of the bail quantity up entrance in return for his or her service and will cost additional fees. Some states have put a cap of 8% on the amount charged.
The agent might also require an announcement of creditworthiness or may demand that the defendant turn over collateral in the form of property or securities. Bail bondsmen generally accept most property of value, together with vehicles, jewellery, and homes 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 become part of the larger debate over mass incarceration, especially of young African-American males, within the U.S.
The bail bond system is taken into account by many even within the authorized profession to be discriminatory, as it requires low-revenue 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 within 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 10% deposit on the bail amount to be lodged with the court. In 2018, California voted to get rid of cash bail requirements from its courtroom system.