10 Situations When You'll Need to Know About Bail Bonds in Los Angeles county
What Is a Bail Bond?
A bail bond is an settlement by a criminal defendant to appear for trial or pay a sum of money set by the courtroom. The bail bond is cosigned by a bail bondsman, who charges the defendant a payment in return for guaranteeing the cost. The bail bond is a sort of surety bond.
The commercial bail bond system exists solely within the United States and the Philippines. In other international locations, bail may entail a set of restrictions and situations placed on felony defendants in return for his or her release till 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 courtroom.
·The bail bond serves as surety that the defendant will seem for trial.
·Judges typically have large latitude in setting bail quantities.
·Bail bondsmen generally cost 10% of the bail quantity up entrance in return for his or her service and may charge further charges. Some states have put a cap of eight% on the amount charged.
·The bail system is widely seen as discriminatory to low-earnings 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 often given a bail listening to earlier than a decide. The quantity of the bail is at the choose's discretion. A judge might deny bail altogether or set it at an astronomical level if the defendant is charged with a violent crime or seems likely to be a flight risk.
Judges typically have broad latitude in setting bail quantities, 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.
As soon as the amount of the bail is about, the defendant's decisions are to stay in jail until the fees are resolved at trial, to rearrange 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 house or other collateral of value in lieu of cash.
Bail bondsmen, also referred to as bail bond brokers, present written agreements to criminal courts 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 entrance in return for his or her service and will cost additional fees. Some states have put a cap of 8% on the amount charged.
The agent may additionally require a press release of creditworthiness or might demand that the defendant turn over collateral in the type of property or securities. Bail bondsmen typically accept most property of worth, together with cars, 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 grow to be part of the larger debate over mass incarceration, particularly of younger African-American men, in the U.S.
The bail bond system is taken into account by many even within the legal profession to be discriminatory, because it requires low-earnings defendants to stay Check out here in jail or scrape together a 10% money price and the rest of the bail-in collateral—even before they stand trial for any crime. PrisonPolicy.org says that about 536,000 individuals are being held in jails within the U.S. because they can't afford bail or a bail bondsman's providers.
4 states including Illinois, Kentucky, Oregon, and Wisconsin have outlawed bail bondsmen and instead require a 10% deposit on the bail quantity to be lodged with the court docket. In 2018, California voted to eliminate cash bail requirements from its courtroom system.