What Is a Bail Bond?
A bail bond is an agreement by a felony defendant to look for trial or pay a sum of money set by the court docket. The bail bond is cosigned by a bail bondsman, who costs the defendant a price in return for guaranteeing the cost. The bail bond is a sort of surety bond.
The commercial bail bond system exists solely within the United States and the Philippines. In different nations, bail could entail a set of restrictions and conditions positioned on prison 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 fee of the bail set by the court.
·The bail bond serves as surety that the defendant will seem for trial.
·Judges usually have extensive latitude in setting bail quantities.
·Bail bondsmen generally charge 10% of the bail quantity up front in return for their service and will charge further charges. Some states have put a cap of eight% on the amount charged.
·The bail system is widely viewed as discriminatory to low-earnings defendant and contributing to the mass-incarceration of younger African-American men.
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 stage if the defendant is charged with a violent crime or seems more likely to be a flight risk.
Judges usually have vast latitude in setting bail quantities, and typical amounts vary by jurisdiction. A defendant charged with a nonviolent misdemeanor might see bail set at $500. Felony crime expenses have correspondingly excessive bail, with $20,000 or extra not unusual.
The commercial bail bond system exists only within the United States and the Philippines.
As soon as the amount of the bail is set, the defendant's decisions are to stay in jail till the costs are resolved at trial, to rearrange for a bail bond, or to pay the bail quantity in full till the case is resolved. In the last occasion, courts in some jurisdictions accept title to a home or different collateral of worth in lieu of cash.
Bail bondsmen, also referred to as bail bond brokers, 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 usually cost 10% of the bail quantity up entrance in return for his or her service and will cost extra charges. Some states have put a cap of eight% on the quantity charged.
The agent may also require a statement of creditworthiness or could demand that the defendant flip over collateral in the form of property or securities. Bail bondsmen usually accept most property of worth, together with vehicles, jewellery, and houses as well as stocks and bonds.
Once the bail or bail bond is delivered, the defendant is released till trial.
The Disadvantages of the Bail Bond System Have a peek here
The bail bond system has change into a part of the larger debate over mass incarceration, especially of young African-American men, within the U.S.
The bail bond system is taken into account by many even within the authorized career to be discriminatory, as it requires low-revenue defendants to stay in jail or scrape collectively a ten% money 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 in the U.S. because they cannot afford bail or a bail bondsman's services.
Four states including Illinois, Kentucky, Oregon, and Wisconsin have outlawed bail bondsmen and instead require a 10% deposit on the bail quantity to be lodged with the court docket. In 2018, California voted to eradicate money bail necessities from its court docket system.