What Is a Bail Bond?
A bail bond is an settlement 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 payment. The bail bond is a type of surety bond.
The commercial bail bond system exists solely within the United States and the Philippines. In different nations, bail may entail a set of restrictions and conditions positioned on prison defendants in return for his or her release 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 docket.
·The bail bond serves as surety that the defendant will seem for trial.
·Judges sometimes have extensive latitude in setting bail amounts.
·Bail bondsmen generally cost 10% of the bail quantity up front in return for their service and may cost further fees. Some states have put a cap of 8% on the amount charged.
·The bail system is broadly seen as discriminatory to low-revenue defendant and contributing to the mass-incarceration of young African-American males.
How a Bail Bond Works
An individual who's charged with a criminal offense is typically given a bail listening to 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 usually have extensive latitude in setting bail amounts, and typical quantities range by jurisdiction. A defendant charged with a nonviolent misdemeanor might see bail set at $500. Felony crime costs have correspondingly high bail, with $20,000 or extra not uncommon.
The commercial bail bond system exists solely within the United States and the Philippines.
Once the amount of the bail is ready, the defendant's decisions are to remain in jail until 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. Within the last instance, courts in some jurisdictions settle for title to a house or other collateral of value in lieu of money.
Bail bondsmen, also called bail bond brokers, present 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 usually charge 10% of the bail quantity up entrance in return for their service and will cost extra charges. Some states have put a cap of 8% Bail Bonds downtown LA on the quantity charged.
The agent may also require a statement 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, and houses as well as stocks 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 taken into account by many even within the authorized occupation to be discriminatory, because it requires low-income defendants to remain in jail or scrape together 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 persons 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 together with Illinois, Kentucky, Oregon, and Wisconsin have outlawed bail bondsmen and as an alternative require a 10% deposit on the bail quantity to be lodged with the courtroom. In 2018, California voted to eliminate money bail requirements from its court docket system.