Bail bonds are a thriving industry that gets people out of jail quickly. While these bonds are beneficial for many people, they can also be detrimental to the justice system. For example, bail bonds reinforce racial and ethnic disparities in the US criminal justice system. African Americans, Hispanics, and Asians are much more likely to be arrested than white people. Bail bonds also encourage people to plead guilty, which in turn, makes our justice system biased.
Unsecured Surety Bonds
Surety bonds are a type of bond that a defendant signs of securing their release on bail. They require the signer to pay a specific amount of money if the defendant breaks the terms of the bond. While an unsecured bond may be less attractive, they are essential for bail bonds West Chester PA because they can reduce the amount of time a defendant spends in jail before trial.
Usually, the court sets the amount of money bail based on a preset schedule. Often, the amount is higher than the defendant can afford. If a defendant cannot pay the bail amount, they will pay a bonding agent a nonrefundable “premium,” which is usually 10% of the bond amount.
Commercial Bail Bonds
The commercial bail industry has been advancing harmful and unjust practices. The Center for American Progress has examined the industry and its practices, demonstrating their negative impacts and calling for reform. While commercial bail bonds are essential to many people, they are also detrimental to others. Here are some reasons to be wary of this industry and consider alternatives.
First of all, commercial bail bonds are not affordable for many people. Because of this, many low-income New Yorkers and communities of color cannot afford them. It is estimated that 80 percent of the people who can’t afford bail are Black or Hispanic. Twenty-nine percent of these people are younger than thirty years old, making it impossible for them to afford the high cost of bail.
Bail Review Hearings
Bail reform advocates are encouraged by the news that the New York City courts have started a bail review program, allowing defendants a second chance to get bail after their initial court appearance. This new process allows attorneys more time to gather information about the case. They can then build their arguments about the defendant’s relationship to the community and their likelihood of returning to court. However, the program’s success remains to be seen.
Bail review hearings might be an essential step if onerous conditions imposed on an arrested person were affecting their life. For example, a person may have agreed to onerous conditions in a previous hearing and now find that their life circumstances have changed. The Crown must agree to a bail review hearing to change the conditions in such cases.
Community Connections in Bail Bonds
Community connections play a crucial role in bail bonds. People with strong ties to the community are less likely to flee or fail to appear in court. These connections may be family ties or a local business. Judges also consider defendants’ responsibilities to their families and community when deciding the amount of bail they can set.
Cost of Posting Bail Bonds
The cost of posting bail bonds can be a significant financial burden when you have been arrested and charged with a crime. The cost of posting bail bonds depends on the amount of bail you have to pay and whether the crime is a felony or a misdemeanor. Some crimes have smaller bail amounts than others, so the cost of posting bail is lower in the case of minor crimes. You can always talk to a bail bond agent about posting collateral if you need more money to pay the entire bail amount.
You can pay the full bail at the courthouse if you have the money available. This is the easiest way to post bail, and you will get your money back if the defendant shows up for court dates. However, this method has a significant downside: you take a risk by paying the total amount. If the defendant doesn’t show up for their court date, you won’t see the money again for a long time.