What Is a Bail Bond?
A bail bond is an agreement by a felony defendant to seem for trial or pay a sum of cash set by the courtroom. The bail bond is cosigned by a bail bondsman, who expenses the defendant a payment in return for guaranteeing the fee. The bail bond is a type of surety bond.
The business bail bond system exists solely within the United States and the Philippines. In other nations, bail may entail a set of restrictions and conditions positioned on felony 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 payment of the bail set by the court.
·The bail bond serves as surety that the defendant will appear for trial.
·Judges usually have wide latitude in setting bail amounts.
·Bail bondsmen typically charge 10% of the bail amount up entrance in return for his or her service and will charge additional charges. Some states have put a cap of eight% on the quantity charged.
·The bail system is widely seen as discriminatory to low-revenue defendant and contributing to the mass-incarceration of younger African-American men.
How a Bail Bond Works
A person who's charged with against the law is usually 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 level if the defendant is charged with a violent crime or appears likely to be a flight risk.
Judges usually have huge latitude in setting bail amounts, and typical amounts differ by jurisdiction. A defendant charged with a nonviolent misdemeanor could see bail set at $500. Felony crime charges have correspondingly excessive bail, with $20,000 or extra not uncommon.
The commercial bail bond system exists only in the United States and the Philippines.
Once the quantity of the bail is ready, the defendant's selections are to stay in jail until 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 final instance, courts in some Bail Bonds Los Angeles county jurisdictions accept title to a home or other collateral of value in lieu of cash.
Bail bondsmen, also referred to as bail bond brokers, present written agreements to prison courts to pay the bail in full if the defendants whose appearances they assure fail to appear on their trial dates.
Bail bondsmen generally charge 10% of the bail amount up front in return for his or her service and will cost additional charges. Some states have put a cap of 8% on the amount charged.
The agent may additionally require an announcement of creditworthiness or could demand that the defendant flip over collateral within the form of property or securities. Bail bondsmen generally accept most property of value, including cars, jewelry, and houses in addition to stocks and bonds.
Once 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 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-income defendants to remain 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 instead require a 10% deposit on the bail amount to be lodged with the court. In 2018, California voted to eradicate money bail necessities from its court docket system.