What Is a Bail Bond?
A bail bond is an settlement by a prison 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 fees the defendant a payment in return for guaranteeing the cost. The bail bond is a kind of surety bond.
The commercial bail bond system exists only in the United States and the Philippines. In different nations, bail could entail a set of restrictions and conditions positioned on legal defendants in return for his or her release 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 appear for trial.
·Judges sometimes have wide latitude in setting bail amounts.
·Bail bondsmen typically charge 10% of the bail amount up front in return for their service and should cost extra charges. Some states have put a cap of eight% on the amount charged.
·The bail system is extensively considered as discriminatory to low-income defendant and contributing to the mass-incarceration of young African-American men.
How a Bail Bond Works
A person who is charged with against the law 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 degree if the defendant is charged with a violent crime or appears more likely to be a flight threat.
Judges generally have extensive latitude in setting bail quantities, and typical quantities differ by jurisdiction. A defendant charged with a nonviolent misdemeanor might see bail set at $500. Felony crime fees have Bail Bonds Los Angeles correspondingly excessive bail, with $20,000 or more not uncommon.
The commercial bail bond system exists solely within the United States and the Philippines.
As soon as the amount of the bail is ready, the defendant's selections are to remain in jail until the fees 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 last instance, 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 agents, provide written agreements to legal courts to pay the bail in full if the defendants whose appearances they guarantee fail to seem on their trial dates.
Bail bondsmen typically cost 10% of the bail amount up front in return for their service and may charge further charges. Some states have put a cap of eight% on the amount charged.
The agent may require a statement of creditworthiness or may demand that the defendant turn over collateral in the form of property or securities. Bail bondsmen typically accept most property of value, together with automobiles, jewelry, and homes as well as stocks 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 out to be part of the larger debate over mass incarceration, especially of young African-American males, in the U.S.
The bail bond system is considered by many even within the legal occupation to be discriminatory, because it requires low-income defendants to stay in jail or scrape together a 10% cash charge and the remainder 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. 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 ten% deposit on the bail amount to be lodged with the court docket. In 2018, California voted to get rid of cash bail necessities from its courtroom system.