25 Surprising Facts About Bail Bonds Los Angeles CA
What Is a Bail Bond?
A bail bond is an settlement by a criminal defendant to appear for trial or pay a sum of cash set by the court docket. The bail bond is cosigned by a bail bondsman, who fees the defendant a charge in return for guaranteeing the cost. The bail bond is a kind of surety bond.
The commercial bail bond system exists only within the United States and the Philippines. In different international locations, bail might entail a set of restrictions and circumstances placed on criminal defendants in return for his or her launch 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 court.
·The bail bond serves as surety that the defendant will appear for trial.
·Judges usually have huge latitude in setting bail quantities.
·Bail bondsmen usually charge 10% of the bail amount up entrance in return for his or her service and should charge additional charges. Some states have put a cap of eight% on the amount charged.
·The bail system is widely viewed as discriminatory to low-earnings defendant and contributing to the mass-incarceration of younger African-American men.
How a Bail Bond Works
A person who is charged with against the law is often given a bail hearing before a judge. The quantity of the bail is on the decide's discretion. A judge could 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 threat.
Judges typically have large latitude in setting bail amounts, and typical amounts fluctuate 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 extra not unusual.
The business bail bond system exists only within 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 instance, courts in some jurisdictions accept title to a house or different collateral of value in lieu of money.
Bail bondsmen, additionally referred to as bail bond agents, present written agreements to legal courts to pay the bail in full if the defendants whose appearances they guarantee fail to appear on their trial dates.
Bail bondsmen typically charge 10% of the bail amount up entrance in return for his or her service and may cost further fees. Some states have put a cap of 8% on the quantity charged.
The agent may Great post to read additionally require a statement of creditworthiness or may demand that the defendant flip over collateral in the form of property or securities. Bail bondsmen typically 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 released until trial.
The Disadvantages of the Bail Bond System
The bail bond system has change into a part of the larger debate over mass incarceration, particularly of younger African-American men, within the U.S.
The bail bond system is considered by many even in the authorized career to be discriminatory, as it requires low-earnings defendants to stay in jail or scrape collectively a ten% cash price and the remainder of the bail-in collateral—even before they stand trial for any crime. PrisonPolicy.org says that about 536,000 persons are being held in jails within 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 ten% deposit on the bail quantity to be lodged with the court. In 2018, California voted to eradicate cash bail requirements from its court docket system.