Pretrial Services Vs. Commercial Bail

Is anyone surprised that bail wins?  Would you be surprised to know that twice as many defendants on unsecured release failed to make their court date?  That is correct: commercial bail (releasing a defendant on bond with a friend and bondsman following up) outperforms pretrial services (releasing a defendant on a promise to appear or their “own recognizance” without a responsibile individual to track the defendant) two to one in getting persons to court.

For 22 years, the Federal Bureau of Justice Statistics has been indicating that bail wins, but recently the pretrial services advocates have been trying to make a case to change or eliminate the bail system as we know it. Bail bonds work because they assign responsibility and financial liability to parties who can control the outcome – getting the defendant back to court while allowing them to return to work and freeing up public funds (via jails and staff). This, of course, at no cost to the public.

Now we have another source to prove our point. This comes from this pretrial service’s own records. This particular agency in Houston, Texas is one of the largest and most sophisticated in the country. Bail works twice as well in preventing failures to appear.

Source: Pretrial Services Vs Commercial Bail

In the world of bail bonds, unemployment as well as lost credit and housing devaluation has made it increasingly difficult for people to bail out their family members, loved ones and friends. It used to be a lot easier to put up the 10% or $2,000 for a $20,000 bail bond on a credit card when you had a larger limit to draw from.

The San Bernardino County Sheriff’s Department stated ”There definitely have been more cite releases in the last couple of years… We are under a court order to stay just below maximum capacity to help alleviate the overcrowding situation.” For those who are “cited out” or “cite released,” the court has entrusted the defendant with the duty of showing up on their own for court dates, in lieu of being held in jail or being bailed out. 

Unfortunately, this doesn’t nesessarily mean there are less of those out there on the streets committing crimes. There’s no guarantee the offenders will show up for court as promised. Then we’re back to where we started all over again: overcrowded jails,  more cite outs and more people being re-arrested.

By simply having a bail bondsman involved in the process, it can help to put an end to this vicious cycle. Bail companies provide the public a much needed service. Definitely something for the penal system to think about, before approving more cite out releases.

Television’s “The O.C.” and “Real Housewives” may have put Orange County California on the media map, but Orange County Police Departments have an interesting history that dates back to the Wild West.  The county can trace its beginnings back to 1887, when silver was discovered in the Santa Ana Mountains, attracting settlers. As people came to California in droves, seeking their fortunes or just to settle and build a new life, the California Legislator was overwhelmed by the influx of these new arrivals. 

And so, they decided to divide Los Angeles County into two back in 1899, creating Orange County as a separate political entity. The county is supposedly named after –what else — oranges, but since they already had a town named Orange here, the county may have been named for this city.  Like many other places in the west, law enforcement was conducted by sheriffs and marshals until the needs of these settlements grew too big for just a few good men to handle.  And so, OC law enforcement also expanded and grew into more sophisticated, full fledged Police Departments.

Orange County also happens to be the smallest county in Southern California. But despite its size, it has many police departments and they, in turn, have a wide variety of resources. Some OC cities run their own independent department while others contract with another city or with the County Sheriff’s Department.  But one thing they all have in common is their dedication to providing great services for their citizens.  They do this by working closely with other local, state, federal law enforcement and community agencies as well as many citizen groups, in a structure model called Community Policing.

Community Policing engages officers with the public by assigning patrol men and women, Detectives and traffic officers to a specific geographic area or “police beat” for a specific length of time.  The advantage here is that it gives these officers the opportunity to become more familiar and emotionally connected to the people that live and work in their area.  A special emphasis is placed on the “Quality of Life” issues that affect each of these communities, like traffic, noise and vandalisms.

Working on, understanding and being able to problem solve area-specific issues has definitely strengthened the officers ties, and this is evidenced by the fact that many police care so much, they have volunteered their off duty time to local youth programs and community groups.  The results have been very positive for all involved.

The Orange County Police Departments incorporates several ethical values into their law enforcement work, too.  Some of these, like courage, duty and commitment are fairly obvious.  But emphasis is also placed on organizational growth and teamwork.

Most OC Police Departments also have several divisions within their ranks.  These include, but are not limited to, K-9 Units, Animal Control Services, 9-1-1 Dispatch/Communications, Crime Prevention, SWAT Teams, Bicycle Units, Traffic, Records, Administrative and Patrol.

Most of these local departments do not have on-site jail facilities so they utilize Orange County’s incarceration facilities: the Central Jail Complex, Theo Lacy Jail and the James A Musick Jail.

The OC Sheriff’s Department, rather than the police, is contracted to handle the jails and even the law enforcement needs of many of their cities.  Regardless, all of the Orange County law enforcement agencies must be doing something right because a lot of cities in Orange County are consistently voted the safest places to live in the entire USA.

When you bail someone out of jail, you take responsibility to make sure they show up for their court appearance. We tell people all the time, courts understand small mistakes like traffic, illness or trouble finding the courtroom. However, that doesn’t mean judges like it.

Such may have been the case in San Bernardino Superior Court this week where the judge issued arrest warrants and set bail at $200,000 for two defendants who weren’t present in his court when he call their case at 8:36 am. They were due in court at 8:30. The defendants were brothers accused of attempting to bribe the staff member of a San Bernardino Supervisor.

The men showed up in court 20 minutes late. Their attorney indicated the two were in the wrong courtroom. The judged agreed to lower the bail back to $100,000 if the bail bondsman would ”re-assume” the bond. While the men waited briefly in the court’s jail, the attorney contacted the bondsman who provided the proper Reassumption of Liability for the bail bond.

This is common in the bail bond business: a simple mistake puts the bond in jeopardy and judge rules that the defendants have failed to appear in court. In such cases, when the defendant contacts the bondsman, bondsmen will usually continue the bail bond.

Let me back up: When people hear that I’m a bail bondsman, they always seem to think, “you must have a lot of good stories.” Truth be told, we don’t. Mostly, we bail out regular people. Day in and day out, bail is like most other jobs – except, of course, that you do it 24 x 7 x 365.

Days like yesterday, where we get an interesting case, are pretty rare. Got a call this for a bail bond out of Los Colinas Jail, San Diego’s womens jail on an out of state warrant on a woman – pretty regular so far.

Now, for the rest of the story… Husband put together a birthday cruise for wife and their two small children – nice. They get to the ship (where, of course, the couple’s passport’s are scanned upon entry). They settle in, have a nice meal while waiting for the ship to set sail. Next thing you know, there’s a knock at the door. The Border Patrol is standing there asking questions, puts the wife in handcuffs and she’s headed to jail. Bummer of a vacation buster!

Unfortunately for the family, they thought an attorney had taken care of the wife’s situation. After a call to us to arrange bail, the man and the two children returned home. We bailed the wife out and she was able to make a flight home late in the day.

Moral of the story: security checks while traveling net more than terrorists. So, if you have an outstanding warrant, be prepared to head back home. Even better, arrange with a bondsman to get it taken care of before you set sail.

Such may have been the question of Allegra Fromby a former elementary school vice president was out on bail in San Bernardino County for $75K. She had been charged with two counts of felony drug possession. At her court appearance on 9/14, her bail was increased to $200K. She’s being detained at the West Valley Dentention Center until she can raise the $20,000 (10%) needed for a bail bond.

The case originated back when she arrived at a shooting scene of her husband. Allegedyly, the vehicle that she drove to the scene had marijuana in it. She was arrested for possessing of marijuana for sale and transporting marijuana and child endangerment. Fromby’s lawyer believes the bail was increased due to the complaints filed against the San Bernardino Police for false arrest, false imprisonment, and illegal search and seizure.

Bail bondsmen are believed to be lying to the jailers, indicating they are their at the request of the inmate or inmate’s family for bailing the inmates out. But instead are just initially meeting the inmates and are there to solicit bail business from them. Once there, the bail bondsmen are handing out marketing materials which are then dispersed within the jail itself. This entire scenario is actually illegal in California jails, as well as Florida jails. Lake County Sheriff’s are taking the necessary precautions for making sure the local bail bondsmen are abiding by the law.

Here at Greg Rynerson Bail Bonds we take all necessary steps to ensure we follow the law regarding soliciting at the jails we visit. Our bail agents carry no marketing materials with them. We wear normal professional attire without any company insignias. Why would anyone want to engage with a bondsman who is acting illegally? Don’t they already have enough trouble?

Earlier this week, Robin told us about the upcoming Labor Day Weekend DUI crackdowns. She painted a likely scenario of having martini’s and partying like a rock star, then foolishly driving home. But what does it really take to get a DUI?

You probably how you think most people get a DUI after a night of partying hard, but think again. Let’s just say you go to dinner have two glasses of wine. Pay the valet and head home. What’s with the traffic up ahead? DUI Checkpoint, but you’re fine, you just had a couple of glasses of wine… you unroll the window, the officer quickly shines a flashlight near you, your eyes give you away because they dilate involuntarily – especially if you’ve had a couple of drinks. “Step out of the vehicle,” says the officer. You’re still thinking no problem here… Think again, DUI is about being under the influence and you are! Sorry, but this is going to cost you.

You will be arrested and jailed if you’ve been drinking, you’re stopped and your blood alcohol level is found to be .08% or even under! 

According to commonly utilized alcohol impairment charts, many women would be over the limit with just one drink. Men may be legally under the limit with even four drinks, but .08 Blood Alcohol Content (BAC) is just a guideline. Driving under the influence is a per se law. This  means that the officer’s observations will be the first and foremost decide if you will be arrested. Handcuffs anyone?

When you are arrested for DUI (DWIin some states), you will generally be charged with two crimes: 1) Driving Under the Influence and 2) Driving with a blood alcohol over the legal limit – the higher your BAC, the more seriously the crime will be prosecuted.

As a bail bondsman, my experience with DUI is “after the fact”. Calls we get are often from jail, but sometimes are from friends or family looking to get a loved one out of jail. Generally, DUI arrestees will simply be held until they have “sobered up” and will not need bail. In California, this is six to nine hours. (Note that few jurisdictions do hold DUI suspects for bail or arraignment. For example, you will need bail in Burbank if you get arrested for DUI.)

There are other mitigating circumstances. If there was an accident, the BAC was particularly high or there have been DUIs, the suspect will generally not be released without bail.

Hopefully, you’ve just read information that will prompt you to plan ahead and not take chances. Drinking and driving is serious, not just because you could be inconvenienced by an arrest, but because it’s dangerous. Please think and act accordingly, not just over the holiday weekends, but always.

Photocredit: © Rob Byron- Fotolia.com

It’s Labor Day weekend. Your  best friend’s hosting the swankiest end-of-summer party and all your  beautiful friends are there.  You hit the martini bar a couple of times,  maybe have a beer or two toward the end of the night because you know you need to drive in a couple of hours… It’s  now after midnight. You have an early work meeting in the morning so you bid your good nights. You go to grab your keys  in your pocket but hey, they’re not there. Oh, that’s right -other pocket. Hmm, maybe you left them on the kitchen table…  Hello? Wake up!  If you do end up finding them, don’t even think about using those keys to drive a car. 

The U.S. Department of Transportation’s National Highway Traffic Safety Administration (NHTSA), GHSA and local law enforcement are joining forces across the nation this year to take part in the campaign called Drunk Driving. Over the Limit. Under Arrest. 

But they aren’t waiting for Labor Day. There are currently 41 ‘Avoid DUI Task forces’ out in effect.  Starting August 21st, 2009 and going through September 7th there will be 111 individual jurisdictions mounting enforcement mobilizations.  To top that off, look out for any extra check points placed randomly throughout the state, including increased saturation patrols covering; get this, 98% of the entire state of California’s population!

That’s right. Don’t even think about it. Simply and smartly, don’t take the chance.

In California on your first DUI offense, your license will be suspended for 4 months. You’ll get increased penalties if your blood level alcohol concentration is above .15%. Your car will be confiscated and impounded, but  you’ll still have to make the payments. And that’s just the beginning.  I’m assuming if you still have a job in this economy, you’ll probably want to hold on to it.  A clean record helps.

Instead of grabbing those keys yourself: 

1. Ask your friend or host of the party if you can spend the night.
2. Call a taxi. There are many communities that offer the Safe Rides program for a free ride home. You can always get your car later. (As for your morning meeting, you aren’t getting there if you get arrested. You will be in jail until the authorities decide you’re sober, which is generally 9 hours.)
3. Choose a designated driver or ask a non-drinking friend to help get you home.
4. You may have a cell phone. Call your mom or dad, sister or brother, cousin or uncle. They’ll understand.
5. And, when you do get that ride home, always wear your seat belt. You never know who else visited the martini bar a few times and had trouble finding their keys before they got behind the wheel.

Finally, if you really just don’t think this applies to you: Call me at 1-888-BAIL BOND from whatever jail you’ve landed in anywhere in California.  I’ll bail you out.

Photocredit: © mario beauregard- Fotolia.com

So, without further fan fare, here are the necessary steps to becoming a licenced bail bondsman in California:

1. You must have lived in California for least 2 years and be prepared to provide proof.
2. You must be 18 years old or older.
3. You need a clean record. Kind of an obvious one since you are working within the legal system, but many people don’t realize that to be a bail bondsman, you must have no felony convictions on your record. (Unlike the NFL which employs many people without clean records.)
4. The California Department of Insurance regulates the bail industry. For someone interested in becoming a bail bondsman, you will spend a bit of time with this department. At the DOI, as it’s known, you will find all the necessary forms for becoming a bail agent. There’s quite a list of fees, forms, and applications, so be prepared to put a side a weekend to get through everything.
5. You must also get 12 hours of classroom study, called Pre Licensing Education. Usually available on weekends. Make sure they are approved providers.
6. After taking the class there is an exam that must be passed (that’s next up for me). Find an actual examination site through the DOI’s website. Online examinations are also available, fill out form Individual Application, Form LIC 441-9 and provide your email address and the DOI will email you an online examination schedule for you to choose from.
7. With the test passed, fingerprints are done (for another fee, of course), and all that’s left is finding a surety – an insurance company to underwrite your bonds. Then, filing the necessary applications and paying the fees to the Department of Insurance.

A final word about starting a bail bonds business: Writing bail is risky and at times can get very complicated. Sure, some of the smaller, $10K bonds, are quick and easy but you will learn in time that almost every bail bond is different. Obtaining the knowledge to make the right decisions can only come from working in the industry. It only takes one or two mistakes before you find yourself liable for a bail you shouldn’t have written and potentially out of business. So make sure you are mentored in to the bail bonds industry before you decide to go out on your own.

Good Luck!