What Is a Bail Bond?
A bail bond is an settlement by a criminal defendant to look for trial or pay a sum of cash set by the court docket. The bail bond is cosigned by a bail bondsman, who prices the defendant a fee in return for guaranteeing the cost. The bail bond is a sort of surety bond.
The commercial bail bond system exists only in the United States and the Philippines. In different international locations, bail could entail a set of restrictions and circumstances placed on felony defendants in return for their release 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 courtroom.
·The bail bond serves as surety that the defendant will appear for trial.
·Judges typically have wide latitude in setting bail amounts.
·Bail bondsmen typically cost 10% of the bail amount up front in return for their service and will cost further fees. Some states have put a cap of 8% on the amount charged.
·The bail system is broadly considered as discriminatory to low-revenue defendant and contributing to the mass-incarceration of young African-American men.
How a Bail Bond Works
An individual who's charged with a criminal offense is usually given a bail hearing earlier than a choose. The quantity of the bail is at the judge's discretion. A choose 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 more not unusual.
The business bail bond system exists only in the United States and the Philippines.
As Bail Bonds Los Angeles soon as the quantity of the bail is about, the defendant's choices are to stay in jail till the fees are resolved at trial, to arrange 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 settle for title to a home or different collateral of worth in lieu of cash.
Bail bondsmen, also known as bail bond brokers, provide written agreements to criminal courts to pay the bail in full if the defendants whose appearances they assure fail to seem on their trial dates.
Bail bondsmen generally charge 10% of the bail quantity up front in return for their service and will cost further fees. Some states have put a cap of eight% on the amount charged.
The agent may require a statement of creditworthiness or could demand that the defendant flip over collateral in the type of property or securities. Bail bondsmen usually 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 launched until trial.
The Disadvantages of the Bail Bond System
The bail bond system has become a part of the larger debate over mass incarceration, especially of younger African-American men, in the U.S.
The bail bond system is taken into account by many even in the legal profession to be discriminatory, as it requires low-earnings defendants to remain in jail or scrape together a ten% cash fee 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 within the U.S. as a result of they cannot afford bail or a bail bondsman's companies.
Four states including 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 court docket. In 2018, California voted to eradicate cash bail requirements from its court system.