What Is a Bail Bond?
A bail bond is an agreement by a prison defendant to look 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 might entail a set of restrictions and circumstances placed on criminal 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 cost of the bail set by the courtroom.
·The bail bond serves as surety that the defendant will appear for trial.
·Judges typically have huge latitude in setting bail amounts.
·Bail bondsmen usually cost 10% of the bail amount up front in return for his or her service and will charge further fees. Some states have put a cap of 8% on the quantity charged.
·The bail system is extensively 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 might deny bail altogether or set it at an astronomical degree if the defendant is charged with a violent crime or appears more likely to be a flight danger.
Judges usually have extensive 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 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 soon as the amount of the bail is set, the defendant's selections are to stay in jail until 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 brokers, present written agreements to criminal courts Bail Bonds in Los Angeles to pay the bail in full if the defendants whose appearances they guarantee fail to seem on their trial dates.
Bail bondsmen usually cost 10% of the bail quantity up front in return for their service and should cost additional fees. Some states have put a cap of 8% on the amount charged.
The agent might also require a statement of creditworthiness or could demand that the defendant flip over collateral in the form of property or securities. Bail bondsmen generally settle for most property of worth, including cars, jewelry, and houses in addition to shares and bonds.
Once the bail or bail bond is delivered, the defendant is launched till trial.
The Disadvantages of the Bail Bond System
The bail bond system has turn into part of the bigger 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 legal profession to be discriminatory, because it requires low-revenue defendants to stay in jail or scrape collectively a 10% money price 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 not afford bail or a bail bondsman's providers.
Four states together with Illinois, Kentucky, Oregon, and Wisconsin have outlawed bail bondsmen and as an alternative require a 10% deposit on the bail amount to be lodged with the courtroom. In 2018, California voted to get rid of cash bail requirements from its court system.