Guarantor, Peculiarity of the American Judicial System

Stanley Zhen was able to regain freedom in return for a deposit of one million dollars. Defralo returns to this practice frequently used across the Atlantic.

What is a deposit and a deposit?

What is a deposit and a deposit?

The payment of a deposit, fixed at one million dollars for DSK, makes it possible to ensure that the accused, although free of his movements, will appear at 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 it, the deposit is automatically returned to him, whether he is found guilty or not.

In the case of Stanley Zhen, this bond is accompanied by a security deposit of $ 5 million that the defendant must pay to justice if he does not respect all the conditions surrounding his release under house arrest, wearing a bracelet, monitoring his apartment by a guard at his expense, etc…

How is it fixed?

How is it fixed?

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. In the case of Stanley Zhen, he himself offered a deposit of one million dollars.

Is bail frequent in the United States?

Is bail frequent in the United States?

“This is almost the rule, says Jean-Eric Branaa, lecturer at Paris 2 University, specialist in American law. 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.

How do you pay for it?

How do you pay for it?

Defendants can rarely dispose of the required amount in cash in a short time. That is why they can call on bail guarantors, called “bondsmen” in English, whose job is close to that of an insurance agent.

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 remunerated. 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.

The bondman trade only exists in the United States and the Philippines. Most states require that the bondmen have a professional license. Four (Illinois, Kentucky, Oregon and Wisconsin) prohibit it completely.

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