
We are studying about bail in my law class right now. I was just wondering if there are resources that discuss bail bonds and the surety of bail agents. Can you provide more information?
While people often hear the term bail bonds, they might not be completely familiarized with the process. Upon the arrest of a defendant, a sum determined by the court is posted as a bail sum. In order for the defendant to be released, bail must be provided, usually in the form of a bond. When the bail bond is furnished to the court clerk, the defendant and the bail agent also sign an agreement.
This agreement stipulates that the defendant must return to court at the specified date determined by the court. If the defendant fails to show up to court at their designated time, a warrant is issued for their rearrest. In this case, the defendant must be hunted down. The responsibility of rearrest may differ, depending on the type of bond.
The two major differing categories of bond payment are surety bonds and the release of their own recognizance. In the case of a surety bond, a third party, known as a bail agent, is requested by the defendant to pay the bail sum in exchange for a small percentage provided by the defendant.
The defendant also agrees to show up in court as specified. In the case of release on their own recognizance the court determines the probability that the defendant will return to court. In most cases, the defendant will be released, and if they fail to show in court, this becomes the responsibility of the police bureau.
Most obviously, the major difference lies in who takes responsibility for the defendant. While many have argued that police responsibility provides a more efficient situation to guarantee the appearance of the defendant in court, several individuals recently have confirmed that surety bonds provide a better outcome.
As affirmed by Dr. Michael Block, who examined the 12 largest counties in California, failure to show percentages were much higher for those released on their own recognizance compared to those released with surety bonds. Block also confirms the wastefulness of the recognizance methods, citing the increased savings that could have accumulated for the police bureaus and state if the matter had been privatized by surety bonds.
In conclusion, the two main types of bonds provide different outcomes, and the responsibilities differentiate them. While surety bonds rely on a bounty hunter for the rearrest of a defendant, recognizance relies upon an understaffed police bureau whose focus is often on greater issues.