Although shameful, one must admit that the imprisonment rate in the United States is exceptionally high. In 2020, the number of people in local jails, state and federal prisons was 1.8 million. The number is even higher if you consider people imprisoned in other facilities.
If the numbers seem astonishing, wait for more startling facts that might jolt you. On a given day, nearly half a million incarcerated people are under trial awaiting their conviction. However, there is a legal provision for such under trials to seek release from jail by availing of the cash bail system or furnishing . But, it takes work for most under trials to arrange for cash to secure their release with the help of a personal injury lawyer.
The US legal system provides the right to under trials held in prisons secure release during the legal proceedings by paying the bail amount set by the court. The court treats the money deposited by the accused person as a surety. A bail is a form of assurance to the court that the person will participate in the legal proceedings and appear later as fixed by the court. Although the process seems simple, it poses many problems for the jailed person to quickly arrange a large amount of cash to secure a speedy release. The average bail amount is $10,000, equivalent to 8 months' income, making things difficult for jailed people pending trial.
An alternative to depositing cash for bail is to avail of the facility of Bail Bond, which does not involve any cash transaction and even costs less.
A bail bond acquires the form of an agreement between the court and a criminal defendant in which the defendant assures the court of appearing for trial on a future date and abiding by the conditions imposed by the court for securing their release. It is similar to a surety bond issued and co-signed by a bail bondsman representing the defendant. The bail bondsman acts like a guarantor of the defendant and, in exchange, charges a fee for guaranteeing the payment. The bail bondsman assures the court through the agreement that if the accused violates the bail conditions and fails to appear in court for trial, the bondsman will be liable to pay the full bail amount.
To execute a bail bond, the accused must pay only 10% of the bail amount upfront to the bondsman but furnish some collateral to secure release from jail pending trial. Moreover, the bail agent might also ask the defendant to provide a . Besides the usual fees, bail bond agents might charge some extra depending on the case. Collaterals acceptable to the bail agent include immovable property, jewelry, cars, bonds, and stocks.
Although the bail bond does away with cash payment for the entire bail amount, providing collateral of the same amount is also challenging for many people belonging to the low-income group.