The judge, during the bonding process, may impose a sum of money (bond) to ensure the subsequent appearance of the person. The amount is normally set according to the alleged offense and the financial resources of the accused person. The sum of money is refunded if they attend their hearings, except for a few certain expenses. All of these control measures are implemented by a Bail Bondsman in Clayton County.
In order to settle the security fixed by the judge, the accused person may appeal to an agency specializing in guaranteeing judicial bonds (Bail Bondsman in Clayton County). These professionals work much like insurance agents. They ensure the risk of not appearing in court by settling the bond if the accused does not appear. In exchange for their services, they demand an upfront payment of 10% to 15% of the total amount of the bond. This sum is never recovered by the accused, whether later declared innocent or not.
If the accused misses their court date, the bondsmen, who risks losing money, calls on bounty hunters to find him or her. This “business” is an industry defended nationally by the American Bail Coalition lobby. The number of these specialized agencies is estimated at 14,000 in the United States. However, they are banned in several states: Illinois, Kentucky, Oregon and Wisconsin. In England and Canada, they are not only prohibited but the exercise of this profession is also a criminal offense.
They are strongly criticized by associations such as the American Bar Association and the National District Attorneys Association, which are campaigning for a reform of the bonding system, which they consider discriminatory against the poor (and in particular blacks and Latin Americans). Many bondsmen argue that this system is effective without costing a penny to the taxpayer. However, in 2011, it is estimated that the cost of detaining persons awaiting trial is around $9 billion.
An estimated 450,000 people are currently incarcerated in the United States solely because they do not have the means to pay their bail or the 10% to a bondsman. In three-quarters of these cases, the alleged acts are not violent offenses. The system is such that it truly encourages innocent people to plead guilty to get home as quickly as possible. For more details, click here.
