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 international locations, bail could entail a set of restrictions and situations placed on felony defendants in return for their launch till their trial dates.
·A bail bond cosigned by a bail bondsmen is posted by a defendant in lieu of full cost of the bail set by the courtroom.
·The bail bond serves as surety that the defendant will appear for trial.
·Judges typically have huge latitude in setting bail quantities.
·Bail bondsmen usually charge 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 eight% on the quantity charged.
·The bail system is extensively viewed 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 crime is often given a bail listening to earlier than a judge. The amount of the bail is on the decide's discretion. A decide may deny bail altogether or set it at an astronomical stage if the defendant is charged with a violent crime or seems more likely to be a flight risk.
Judges generally have huge 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 high bail, Bail Bonds in Los Angeles California with $20,000 or more not unusual.
The industrial bail bond system exists only in the United States and the Philippines.
As soon as the quantity of the bail is about, the defendant's choices are to stay in jail till the fees are resolved at trial, to arrange for a bail bond, or to pay the bail quantity in full till the case is resolved. In the final occasion, courts in some jurisdictions accept title to a home 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 typically cost 10% of the bail amount up front in return for his or her service and should charge extra fees. Some states have put a cap of 8% on the quantity charged.
The agent might also require a press release of creditworthiness or may demand that the defendant flip over collateral within the form of property or securities. Bail bondsmen typically settle for most property of value, together with automobiles, jewelry, and homes in addition to stocks and bonds.
As soon as the bail or bail bond is delivered, the defendant is launched until trial.
The Disadvantages of the Bail Bond System
The bail bond system has become a part of the larger debate over mass incarceration, especially of younger African-American men, in the U.S.
The bail bond system is taken into account by many even in the authorized career to be discriminatory, as it requires low-earnings defendants to remain in jail or scrape together a ten% cash fee and the remainder of the bail-in collateral—even before they stand trial for any crime. PrisonPolicy.org says that about 536,000 people are being held in jails within the U.S. as a result of they can not afford bail or a bail bondsman's providers.
Four states together with Illinois, Kentucky, Oregon, and Wisconsin have outlawed bail bondsmen and as an alternative require a 10% deposit on the bail quantity to be lodged with the courtroom. In 2018, California voted to eliminate money bail requirements from its court docket system.