Bail Bonds system employs racial, economic divides

The Bail Bonds system – which can keep unconvicted people incarcerated indefinitely – shows a clear divide between America’s caste system of wealth and poverty.

The system can be exploited or avoided by individuals who have white privilege and/or the money to immediately pay the bond. A recent example of racial disparity in the bail bond system was exposed with individuals arrested in the Jan. 6 insurrection at the U.S. Capitol building.

Many individuals who took part in the break-ins were quickly released because of their association with wealth. Aaron Mostofsky, a Capitol rioter, was released after his father paid his $100,000 bond. His father, Steven Mostofsky, is a state court judge in Brooklyn, New York.

Websites such as Detainingthepoor explain why people who cannot afford bail tend to stay in jail longer – even without being convicted of a crime.

According to the web site:

“Unsurprisingly, white men have the highest incomes before incarceration while Black women have the lowest incomes before incarceration. The difference for Black men is particularly dramatic. Black men in jail have a pre-incarceration median income 64% lower than that of their non-incarcerated counterparts.”

Other websites, such as howbailbondswork.com, explain basic guidelines about bail bonds systems.

In most states, three types of common bonds exist: secured, unsecured and cash.

A secured bond is when someone can pay for the bond through a bail bond company or use the property as repayment of their bail amount.

Unsecured bonds are used to ensure that an individual comes to court and follows any guidelines the court sets. If the individual does not follow the

court’s guidelines, the court may set their bond to a higher amount.

Lastly, a cash bond is when someone pays for their bail in the form of cash. After an individual’s court date, they can receive their money back. If the bondsman paid for their bail, the bondman will receive the individual’s bail money.

Typically, a defendant's bail amount is set after arraignment.

In North Carolina, a bail bondsman posts the bond once the 15% premium is paid by the defendant or co-signer. If the defendant doesn't appear in court, the co-signer is 100% liable to the bondsman.

Individuals who have to go through a bondsman risk being in debt for the rest of their lives. They are required to pay 10% to 15% of their bail, and the bondsman typically charges high interest rates.

If an individual decides not to appear in court, a bounty hunter can be dispatched to find the individual.

Defendants who cannot pay the bond amount must remain in jail until their court date. Also, the bond amount can increase, decrease, or not even be given as an option.

In Baltimore and the state of Maryland, as well as other states, the bail bond system is similar to North Carolina's. The web site stuckinjail.com has extensive guidelines on the Maryland bail bond system.