What Is a Bail Bond?
A bail bond is an settlement by a legal defendant to look for trial or pay a sum of cash set by the court docket. The bail bond is cosigned by a bail bondsman, who expenses the defendant a payment in return for guaranteeing the cost. The bail bond is a sort of surety bond.
The business bail bond system exists solely in the United States and the Philippines. In other international locations, bail may entail a set of restrictions and circumstances positioned on prison defendants in return for his or her launch until 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 seem for trial.
·Judges sometimes have large latitude in setting bail amounts.
·Bail bondsmen generally cost 10% of the bail quantity up entrance in return for their service and should cost additional charges. Some states have put a cap of 8% on the amount charged.
·The bail system is extensively considered as discriminatory to low-income defendant and contributing to the mass-incarceration of younger African-American men.
How a Bail Bond Works
An individual who's charged with a crime is often given a bail hearing earlier than 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 level if the defendant is charged with a violent crime or appears more likely to be a flight risk.
Judges generally 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 expenses have correspondingly excessive bail, with $20,000 or more not uncommon.
The industrial bail bond system exists only in the United States and the Philippines.
As soon as the quantity of the bail is set, the defendant's choices are to stay in jail till the charges are resolved at trial, to arrange for a bail bond, or to pay the bail quantity in full till the case is resolved. Within the last instance, courts in some jurisdictions settle for title to a house or other collateral of value in lieu of cash.
Bail bondsmen, additionally referred to as Los Angeles Bail Bonds bail bond brokers, present written agreements to prison courts to pay the bail in full if the defendants whose appearances they guarantee fail to appear on their trial dates.
Bail bondsmen usually cost 10% of the bail quantity up entrance in return for their service and may charge additional fees. Some states have put a cap of eight% on the amount charged.
The agent may require an announcement of creditworthiness or could demand that the defendant turn over collateral in the form of property or securities. Bail bondsmen usually settle for most property of worth, together with cars, jewelry, and houses in addition to shares and bonds.
As soon as 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 turn into a part of the bigger debate over mass incarceration, particularly of younger African-American men, in the U.S.
The bail bond system is considered by many even in the legal career to be discriminatory, as it requires low-revenue defendants to remain in jail or scrape collectively a ten% cash fee and the rest of the bail-in collateral—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 instead 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.