10 Wrong Answers to Common Bail Bonds in Los Angeles county Questions: Do You Know the Right Ones?
What Is a Bail Bond?
A bail bond is an agreement by a legal defendant to seem 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 business bail bond system exists solely in the United States and the Philippines. In other countries, bail could entail a set of restrictions and situations positioned on felony 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 fee of the bail set by the court docket.
·The bail bond serves as surety that the defendant will appear for trial.
·Judges usually have wide latitude in setting bail quantities.
·Bail bondsmen typically charge 10% of the bail quantity up entrance in return for his or her service and should charge extra charges. Some states have put a cap of eight% on the amount charged.
·The bail system is widely considered 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's charged with against the law is usually given a bail hearing before a choose. The quantity of the bail is at the judge's discretion. A choose may deny bail altogether or set it at an astronomical stage if the defendant is charged with a violent crime or seems more likely to be a flight risk.
Judges typically have vast 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 more not unusual.
The business bail bond system exists only in website 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 cash.
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 look 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 eight% on the quantity charged.
The agent may additionally require a press release 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 taken into account by many even in the authorized career to be discriminatory, as it requires low-earnings defendants to stay in jail or scrape together a ten% cash fee and the remainder of the bail-in collateral—even before they stand trial for any crime. PrisonPolicy.org says that about 536,000 people 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 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.