What Is a Bail Bond?
A bail bond is an agreement by a legal 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 prices the defendant a payment in return for guaranteeing the fee. The bail bond is a kind of surety bond.
The industrial bail bond system exists only within the United States and the Philippines. In other international locations, bail may entail a set of restrictions and circumstances placed on legal defendants in return for their 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 appear for trial.
·Judges sometimes have wide latitude in setting bail quantities.
·Bail bondsmen typically charge 10% of the bail quantity up entrance in return for their service and will charge additional 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 males.
How a Bail Bond Works
An individual who is charged with a criminal offense is often given a bail listening to before a decide. The quantity of the bail is at the decide's discretion. A choose may deny bail altogether or set it at an astronomical level if the defendant is charged with a violent crime or seems prone to be a flight risk.
Judges usually have vast latitude in setting bail amounts, and typical amounts range by jurisdiction. A defendant charged with a nonviolent misdemeanor may see bail set at $500. Felony crime costs have correspondingly excessive bail, with $20,000 or extra not uncommon.
The business bail bond system exists solely in the United States and the Philippines.
Once the amount of the bail is about, the defendant's choices are to remain in jail till the costs are resolved at trial, to arrange for a bail bond, LA Bail Bonds or to pay the bail amount in full till the case is resolved. In the last instance, courts in some jurisdictions settle for title to a house or different collateral of value in lieu of cash.
Bail bondsmen, additionally known as bail bond agents, provide written agreements to felony courts to pay the bail in full if the defendants whose appearances they assure fail to look on their trial dates.
Bail bondsmen generally charge 10% of the bail amount up front in return for his or her service and will charge further charges. Some states have put a cap of eight% on the quantity charged.
The agent may require an announcement of creditworthiness or may demand that the defendant turn over collateral in the form of property or securities. Bail bondsmen typically settle for most property of value, including automobiles, jewellery, and homes 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 grow to be a part of the larger debate over mass incarceration, especially of young African-American men, in the U.S.
The bail bond system is considered by many even within the authorized occupation to be discriminatory, because it requires low-income defendants to stay in jail or scrape collectively 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 people are being held in jails in the U.S. because they can't afford bail or a bail bondsman's providers.
4 states together with Illinois, Kentucky, Oregon, and Wisconsin have outlawed bail bondsmen and as an alternative require a ten% deposit on the bail quantity to be lodged with the court. In 2018, California voted to get rid of cash bail requirements from its courtroom system.