Bail, as defined by the American Bar Association, is “an amount of Money or other security (such as a bail bond or personal surety) provided to the court to ensure that the defendant will appear in court when required to do so”. It is seen as a way to ensure that individuals facing charges will not flee and will show up for their court appearances. However, what is not often discussed is just how bail bonds companies profit from defendants’ desperation through the use of cash for freedom.
Bail bond companies charge individuals a fee to pay their bail, which is typically set by the court. This fee can range from 10-15% of the total bail amount, meaning that a $10,000 bond could cost $1,000 to $1,500 to secure. For individuals who cannot afford this fee, a bail bond company may offer a payment plan or require collateral such as a car or property. This places an added financial burden on defendants and their families, who often struggle to come up with the Money needed to secure their loved one’s release.
The problem with the bail system is that it disproportionately affects low-income individuals who cannot afford to pay their bail. This leaves them stuck in jail awaiting trial, sometimes for months or even years, simply because they cannot afford to pay the bail amount. This not only affects their lives and the lives of their families but can also cause them to lose their job or housing, worsening the cycle of poverty.
Bail bond companies also profit from the legal system’s reliance on bail. In some states, bail bond companies lobby to maintain the bail system and prevent reforms that would allow for the release of defendants without having to pay bail. In essence, they profit off of a system that keeps individuals in jail and preys on their desperation to be released.
While it is important to ensure that individuals facing criminal charges show up for their court appearances, the current bail system disproportionately punishes low-income individuals and perpetuates the cycle of poverty. Alternatives to cash bail, such as release on recognizance or supervised release, have been successful in other countries and states, and could provide a more fair and equitable system for all individuals.
In conclusion, the cash for freedom system, perpetuated by bail bond companies, is a major issue that needs to be addressed. This system puts a monetary value on freedom and disproportionately affects low-income individuals who cannot afford to pay. It should be replaced with more equitable systems that prioritize the presumption of innocence and fairness for all individuals.