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. The bail bond is cosigned by a bail bondsman, who costs the defendant a fee in return for guaranteeing the fee. The bail bond is a sort of surety bond.
The industrial bail bond system exists solely in the United States and the Philippines. In other countries, bail could entail a set of restrictions and circumstances positioned on legal defendants in return for their release until 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 docket.
·The bail bond serves as surety that the defendant will seem for trial.
·Judges typically have broad latitude in setting bail amounts.
·Bail bondsmen typically charge 10% of the bail amount up front in return for his or her service and should cost extra fees. Some states have put a cap of 8% on the amount charged.
·The bail system is broadly viewed as discriminatory to low-revenue defendant and contributing to the mass-incarceration of younger African-American males.
How a Bail Bond Works
A person who's charged with against the law is typically given a bail hearing earlier than a judge. The amount of the bail is on the judge's discretion. A judge might deny bail altogether or set it at an astronomical stage if the defendant is charged with a violent crime or appears likely to be a flight danger.
Judges typically have huge latitude in setting bail amounts, and typical amounts vary by jurisdiction. A defendant charged with a nonviolent misdemeanor could see bail set at $500. Felony crime expenses have correspondingly excessive bail, with $20,000 or extra not unusual.
The industrial bail bond system exists only in the United States and the Philippines.
Once the amount of the bail is about, 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 amount in full until the case is resolved. In the last instance, courts in some jurisdictions accept title to a home or different collateral of worth in lieu of money.
Bail bondsmen, additionally referred to as bail bond brokers, present written agreements to prison 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 charge additional fees. Some states have put a cap of 8% on the amount charged.
The agent might also require an announcement of creditworthiness or may demand that the defendant turn over collateral in the form of property or securities. Bail bondsmen generally accept most property of value, including cars, jewelry, Bail Bonds in Los Angeles California and homes as well as 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 into part of the bigger debate over mass incarceration, particularly 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, because it requires low-earnings defendants to remain in jail or scrape together a 10% cash payment 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 in the U.S. because they cannot afford bail or a bail bondsman's providers.
Four states together with 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.