Keep Bailing

Some arrestees in Virginia, who can afford to pay their own bail, have been taking advantage of a taxpayer-funded get-out-of-jail-free card that has many in the Va. General Assembly fuming. But opponents say that folks who want to end this law are merely a front for bail bondsmen who seek to line their own pockets by doing so.

It’s called “Pretrial Services” and it allows defendants to be released before their court hearing without bail. Commercial bail bondsmen want to limit this. Bondsmen point out that release on “Own Recognizance” is only supposed to be used by defendants who can’t afford their own bail, but that inmates with means seems are being offered the service – at a cost to the tax payers. Tax dollars should not be used to bail out those who have the means to pay nor should the state compete with private business.

But pretrial services supporters feel someone’s ability to pay a bail amount shouldn’t be Read more »

This week, we read about the effects of a downturned economy on bail bondsmen in Imperial Valley and in San Bernardino. There’s no doubt this tough economy has played some part in our bail bond industry. Like any other business, bail bond customers now have less money and their homes are worth less as collateral than a couple of years ago. The jails are becoming overcrowded and I hear clients say: “With the economy the way it is, we’re going to let him stay in jail.”

As bondsmen, we’ve already been fighting a singular economic battle for some time, because we can’t compete based on price — we’re regulated by the Department of Insurance and are rates are set with them. In addition, our customers may not be very particular:  They often just want to deal with whoever can help them the fastest.

It used to be that good, honest service was the benchmark of a successful bail bond business.  Call me old fashioned, but I still believe this to be true and I really get steamed when I find myself up against bondsmen who break the law to earn a buck – and who then use bad economic times as their excuse.  So I’d like to dispel the belief that their practices have anything to do with a lousy economy.  I want to Read more »

In Philadelphia, large numbers of fugitives are skipping bail and fleeing justice, angry District Attorney Seth Williams told the Senate at a subcommittee hearing, and this “broken” bail system is like a second assault on crime victims.

Williams said Philadelphia defendants defeat the system by failing to show up for court, wearing down witnesses and causing cases to collapse in large numbers. So far, Philadelphia has let almost 47,000 fugitives escape. Between 2007 and 2008 over 19,000 defendants have failed to show up for at least one hearing.  This means one out of every three defendants, making it the nation’s highest tally for failure-to-appear.

Philadelphia courts took over the bail bond process about 40 years ago, citing widespread corruption within the bail bond industry as their reason. Under the city’s bail system, defendants pay 10 percent of their bail up front to the court, with the other 90 percent due if they skip their court dates. But the city has never backed up the consequences for skipping by collecting that money.  Now fugitives owe Philly a grand total of $1 billion in forfeited bail.

Contrast this to private bail such as the system in California. Bail agents Read more »

In an OpEd piece written by San Francisco Police Department Chief George Gascon, Gascon outlined how the SFPD is taking a new approach to a very old idea and it’s meeting with great success: Community Policing.  By dividing the city up into small-town style beats, police are able to better interact with members of their community and problem solve crimes both committed and feared.   This strategy is working so well, the SFPD has reorganized their entire department to accommodate it.

“Once the community feels like they have a stake in what’s going on, they feel empowered and willing to help.”  Says Police Chief George Gascon.  “Community policing is becoming the way we conduct business every day. Our efforts are being focused on the shared responsibility of working with our diverse communities to nurture our relationships and create effective problem-solving models to enhance public safety.”

But does the current policing model stack up to the department’s claims?  Before Read more »

San Mateo County Jail

Ever wonder about the inner workings of California’s  jails?

We take an in-depth look at the San Mateo County Jail in Greg Rynerson Bail Bonds latest article “Inside the Maguire Correctional Facility“.

In this informative article, you’ll learn:

• Why the Jail is named Maguire
• Statistics and Mission of the jail
• The Security System and Cell setup at the jail
• Inmate processing from Arrival and Search through Finger Printing, Inmate Classification and Housing
• Special programs at Maguire including Mental & Physical health, Alcoholics Anonymous and Educational Opportunities

Although this article Read more »

It’s called capping — and it’s occurring at the Orange County Jail with alarming frequency.  Capping is the practice of one inmate getting kickbacks from a shady bail bond company once he signs up fellow inmates to use their services.

Here’s how it works:  The inmate connected to the bail bond company offers to make three-way calls for other inmates willing to use their services.  Anyone who isn’t interested is intimidated until he changes his mind.  As reported by the Orange County Register, no less than eight witnesses, all of them arrestees at the jail, recently testified about this illegal practice to both the OC Sheriff’s department and the OC Bail Agents Association.

Each witness was interviewed by private investigator Bill Hunt, a former Sheriff’s Lieutenant currently running for Orange County Sheriff.  Hunt’s subsequent report alleges that some prisoners have bullied others regarding the company they should use for posting their bail.  Hunt also discovered that someone who had access to booking information was passing telephone numbers on to these same bail companies, who then in turn called the prisoners’ family members to pay up.

One woman, Read more »

Bail Bonds Demystified

If your friend or family member is arrested, they could be stuck in jail for days, even weeks.  Posting bail is a fast, easy way to get them released until they must return to court.

You may already know that a bail bondsman is the person who goes to the jail to secure that release with a bond.  But do you actually know what a bail bond is and how it works?

A Bail Bond Is…

A bail bond is a paper document, much like a bank check, that is recognized by our courts.  People should not write checks unless they have provided enough money in their bank account to cover them.  A bail bondsman also makes a monetary promise that says: I guarantee the defendant will appear in court whenever a judge requires, on a specific date and time, or I will cover the entire amount of his bail.

Responsibilities When Co-Signing

But this promise is too risky for a bail bondsman to make alone, so they only post bonds after a defendant, friend or family member contacts the bondsman and agrees to become the bond’s co-signer, or “Indemnitor.”   By signing a bail bond contract, Indemnitors also guarantee to help find the defendant if court is missed or pay the full amount of the bail, if the individual cannot be found.

An Indemnitor has to be in a position to offer a bail bondsman something in return if the defendant misses court.  The bondsman considers the character of his co-signer up, making a calculated judgment call based on his experience.  He often asks potential Indemnitors if they have a job and for how long.  Do they have good credit? Are they homeowners? Etc. Etc.  The questions a bondsman asks help him determine whether or not they are the kind of stable, trustworthy people he is willing to write a bond for.  In addition, an Indemnitor’s involvement encourages the defendant to remain committed to his part of the bargain.  Let’s face it, who wants to stiff someone they care about, that helped get them out of jail?

Bondsman Responsibilities

The minute a defendant is released, the jail no longer has authority over him.  He is now considered to be the property Read more »

In order to get released from jail, one would customarily use the services of a traditional bail bondsman or post the full cash bail with the jail.  At the Ventura County jail, which is just a few miles from my office, they have a new way to post bail.  It’s called credit card bail.

How Credit Card Bail Works

The Ventura jail phone has a toll free 800 phone number posted near the phone.  An inmate or family member can call this phone number to bail out of jail.   Here is how it works:  Let’s say you have a bail for $20,000.    This credit card bail system allows the inmate to have the full bail charged (plus a 7% processing fee for Ventura County) to a credit card.  For example, on a $20,000 bail bond, an inmate would be charged a total of $21,400 for release from jail.  Once the defendant has appeared in court, they would be refunded $20,000.  The net effect of this transaction is that the inmate would be charged 7% to be bailed out of jail.   Who gets to keep the 7%?  It seems that the county takes a cut and the “third party” unlicensed processing entity makes a nice profit.

Ventura County is not the only county in California that enables inmates to bail out using a credit card.  In fact, several states now utilize some form of this process.  Over the past several years, credit card bail seems to be spreading like wildfire.

Why is this bad for California?

1. No accountability.  What happens when the defendant Read more »

Imagine you’re a criminal defense attorney and you receive a 3:00 AM call from an arrested client. “I’m in jail—get me out”, demands your client!  “But I’m not acquainted with a bail bondsman,” you humbly reply.   Your client responds, “You’re a criminal defense attorney–what do you mean you’re not acquainted with a bail bondsman! That’s like a dairy farmer who’s not acquainted with a veterinarian.”

If you’re an attorney, it makes sense to develop a close relationship with a professional bail bondsman. Ok, so maybe you’re not an attorney. You still might want to know a good bondsman. Here’re a few reasons why:

• A quality bondsman can do many extra Read more »

Oregon: Go To Jail, Stay There

As a former Oregonian, I find it interesting that the state legislator is finally considering allowing bail bond companies to operate in the state of Oregon. While Oregon alllows for bail, bail bond companies have been unable to operate in Oregon since 1974. Only four states in the US do not allow bondsman. HB 2682 would require an interim committee to study the issue prior to the next legislative session. Allowing bondsmen should allow more people to get out on bail while being overseen by bondsmen, relieving pressure in jails while providing assurances for return to court.

Oregon: Skipping Bail? Go There

Apparently, HB 2682 specifically is written to permit sureties to offer commercial surety release (or, in plain English, bondsman can provide bail bonds for a fee). Unfortunately, Oregon’s fugutive laws Read more »