What Is a Bail Bond?
A bail bond is an settlement by a criminal defendant to appear for trial or pay a sum of money set by the court docket. The bail bond is cosigned by a bail bondsman, who prices the defendant a charge in return for guaranteeing the cost. The bail bond is a kind of surety bond.
The business bail bond system exists solely in the United States and the Philippines. In different nations, bail might entail a set of restrictions and circumstances placed on criminal defendants in return for his or her 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 court.
·The bail bond serves as surety that the defendant will appear for trial.
·Judges usually have broad latitude in setting bail amounts.
·Bail bondsmen generally charge 10% of the bail quantity up entrance in return for their service and may charge extra charges. Some states have put a cap of 8% on the quantity charged.
·The bail system is widely viewed as discriminatory to low-earnings defendant and contributing to the mass-incarceration of younger African-American males.
How a Bail Bond Works
A person who is charged with against the law is often given a bail hearing before a judge. The quantity of the bail is on the judge's discretion. A judge could deny bail altogether or set it at an astronomical degree if the defendant is charged with a violent crime or appears likely to be a flight threat.
Judges typically have large latitude in setting bail amounts, and typical amounts fluctuate by jurisdiction. A defendant charged with a nonviolent misdemeanor might see bail set at $500. Felony crime expenses have correspondingly high bail, with $20,000 or extra not unusual.
The business bail bond system exists only within the United States and the Philippines.
Once the quantity of the bail is ready, the defendant's selections are to stay in jail till the charges 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 final occasion, courts in some jurisdictions accept title to a house or different collateral of value in lieu of cash.
Bail bondsmen, additionally referred to as bail bond agents, present written agreements to legal courts to pay the bail in full if the defendants whose appearances they guarantee fail to appear on their trial dates.
Bail bondsmen typically cost 10% of the bail amount up entrance in return for his or her service and may cost further fees. Some states have put a cap of 8% on the quantity charged.
The agent may additionally require a press release of creditworthiness or may demand Bail Bonds downtown LA that the defendant flip 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 change into part of the larger debate over mass incarceration, particularly of young African-American men, within the U.S.
The bail bond system is considered by many even in the authorized profession to be discriminatory, because it requires low-revenue defendants to stay in jail or scrape collectively a 10% cash price 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 cannot 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 quantity to be lodged with the courtroom. In 2018, California voted to eliminate money bail necessities from its courtroom system.