this post was submitted on 22 Aug 2023
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[–] [email protected] -2 points 1 year ago (2 children)

And in Georgia, you only have to post 10%.

[–] [email protected] 46 points 1 year ago* (last edited 1 year ago) (1 children)

I keep seeing this, so I wanted to clear up some details:

  • Bail isn’t a penalty, it is an incentive to return for trial (to get your money back). Bail was waived for Trump in previous cases because not only is he constantly followed by Secret Service, he is a high profile person who won’t be able to hide for long anywhere in the world.
  • Bail is typically a tenth (or less) of what Trump was given for even some violent felonies.
  • You must pay the entire amount to be released on bail, unless you get a bail bond.
  • A bail bond is when a third party agrees to pay the bail amount if you do not show up for trial. The 10% frequently cited is a fee to the bail bondsman for taking this risk. You still have to provide some kind of collateral to the bondsman to cover the remainder of the bail amount.
  • You don’t get the 10% back. If you have the cash to cover bail, it makes sense to use it because then you can get it all back.

Trump getting a bail bond would be a public admission that he doesn’t have the cash. He’ll find the cash.

[–] [email protected] 4 points 1 year ago* (last edited 1 year ago) (2 children)

You must pay the entire amount to be released on bail, unless you get a bail bond.

Reporting I've seen is that in the jurisdiction which Trump is charged in Georgia, you only have to post 10% to the court. Presumably, if you then abscond, you are on the hook for the remainder.

EDIT: Reporting I have seen appears to be wrong; parent commenter appears to be correct:

https://fultoncountyga.gov/inside-fulton-county/fulton-county-departments/sheriff/law-enforcement/bond-administration-unit

Another edit:

Hmm. I'm looking at Eastman's jail record, and all of his charges say "Disposition: 10% bond." So I really don't know.

[–] [email protected] 0 points 1 year ago* (last edited 1 year ago) (1 children)

Yeah, I looked over the article and they say this, but I can't find a single reference to that program outside of articles about Trump. Odd.

Even the article doesn't say if the 10% is returned. Maybe the FC Sheriff has in-house bail bonding.

[–] [email protected] 3 points 1 year ago

I saw your initial reply and looked into it, edited the above. I think you're right and the reporting is wrong. I've seen wrong reporting on other aspects of this situation, too, so this is not a surprise to me. That's why my initial reply was in reference to "reporting I've seen." I already had my doubts.

[–] [email protected] 3 points 1 year ago (1 children)

I think that’s most places.

[–] [email protected] 0 points 1 year ago (1 children)

The parent poster is still technically correct.

[–] [email protected] 1 points 1 year ago (2 children)

No they aren't. The 10% is the fee you pay the bail bondsmen to put up the entire amount so you can get out of jail. The courts need the entire amount before they'll let you go, but you don't have to go through a bondsman.

[–] [email protected] 1 points 1 year ago (2 children)

From the link:

The bond agreement, which also states Trump must not attempt to intimidate any potential witnesses, said that the former president can post bond as cash, commercial surety or through Fulton County's Jail 10 percent program, whereby Trump can pay 10 percent of the bail if agreed by the Fulton County Sheriff's office.

Is that the same thing? Is the county providing bond services?

[–] [email protected] 2 points 1 year ago

Not clear. I searched and cannot find any reference to this program. I’m going to guess they do bonds in-house, and this is the standard fee. Otherwise it would undermine the bail set by the judge.

[–] [email protected] 1 points 1 year ago

Yeah, the county is providing the bond services, but there's been some doubt about that excerpt since that information is apparently only found in the news articles about Trump.

[–] [email protected] 1 points 1 year ago* (last edited 1 year ago)

Is the entire bond amount forfeited when the defendant doesn't turn up, or is it returned if they are later caught? Like if Trump pays $20K to the bondsman, the bondsman posts the $200K to the court, and Trump runs - presumably the bondsman sends a bounty hunter after him (paid out of the $20K?) so when they hand Trump in the bondsman gets their $200K back (but now has less than $20K profit)?