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. The bail bond is cosigned by a bail bondsman, who prices the defendant a payment in return for guaranteeing the payment. The bail bond is a kind of surety bond.
The commercial bail bond system exists only within the United States and the Philippines. In other international locations, bail might entail a set of restrictions and circumstances positioned on legal defendants in return for his or her release 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 court docket.
·The bail bond serves as surety that the defendant will appear for trial.
·Judges typically have extensive latitude in setting bail amounts.
·Bail bondsmen usually 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.
·The bail system is extensively 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 before a decide. The quantity of the bail is on the judge's discretion. A decide could deny bail altogether or set it at an astronomical degree if the defendant is charged with a violent crime or seems likely to be a flight threat.
Judges generally have large 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 fees have correspondingly high bail, with $20,000 or more not unusual.
The commercial bail bond system exists solely in Bail Bonds in Los Angeles California the United States and the Philippines.
Once the quantity of the bail is ready, the defendant's decisions are to stay in jail until the fees are resolved at trial, to rearrange for a bail bond, or to pay the bail amount in full till the case is resolved. Within the last occasion, courts in some jurisdictions settle for title to a home or different collateral of worth in lieu of cash.
Bail bondsmen, also known as bail bond agents, provide written agreements to felony 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 quantity up entrance in return for his or her service and may cost extra fees. Some states have put a cap of eight% on the amount charged.
The agent can also require a press release of creditworthiness or could demand that the defendant turn over collateral in the form of property or securities. Bail bondsmen typically settle for most property of value, including automobiles, jewellery, and houses as well as 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 develop into a part of the bigger debate over mass incarceration, particularly of younger African-American males, within the U.S.
The bail bond system is taken into account by many even within the legal career to be discriminatory, because it requires low-earnings defendants to stay in jail or scrape collectively a ten% cash payment and the rest of the bail-in collateral—even earlier than they stand trial for any crime. PrisonPolicy.org says that about 536,000 persons are being held in jails within the U.S. because they can't afford bail or a bail bondsman's companies.
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 remove money bail necessities from its court system.