How do bail bonds work?
Bail is one of the terms of judicial review. It is for the judge to say to a defendant that he can remain free pending his trial and in return he must fulfill his obligations.
The payment of a bond makes it possible to ensure that the accused, although free of his movements, will attend all the hearings to which he is summoned. If he misses this obligation, he loses the total amount of the deposit. On the other hand, if he respects, the deposit is automatically returned to him, whether he is found guilty or not.
The 8th Amendment to the US Constitution requires “not to require excessive bail”. The amount of the deposit is fixed by a judge at the first hearing. The magistrate takes into account the nature and circumstances of the crime being tried, the case against the accused, his social and family environment, his employment, his family resources, his personality, and his criminal record.
There are two reasons for this: the first is economic because American prisons are full. The second is philosophical, based on the presumption of innocence: we will always prefer to leave an innocent person in freedom rather than in prison.
Defendants can rarely dispose of the required amount in cash in a short time. That is why they can call on bail guarantors, called “bondsman” in English, whose job is close to that of an insurance agent. Visit BondCliff site to learn more about bail and bail bonds.
The guarantor asks the accused to pay 6 to 20% of the sum, that the defendant will not recover it is on this commission that the guarantor is paid. The accused must also provide the bondsman with a security deposit, such as 40% of the cash deposit, or a property with a value at least equal to the total amount due.
In return, the guarantor submits to the court a contract by which he agrees to pay the surety in the event that the defendant does not appear at the hearings. These contracts are mostly financed by insurance companies capable of rapidly making the capital available.
Criminal bail bonds are not used in the same way in France as in the United States. In France, the bail may be ordered by the investigating judge or by the liberty and detention judge if the accused person incurs a prison sentence or a more serious sentence. The judge determines the amount and the time of payment, in one or more times, taking into account, in particular, the resources and the charges of the Charged Person. Generally, in the Anglo-Saxon countries, the deposit is commonplace. Most often the indicted are under judicial control but without obligation to pay bail, or they are incarcerated.