Pretrial Release

Continuing Education Credit was offered to bondsmen who attended all required sessions, the first of which was an attorney presentation regarding Pre Trial Release presented by Ash Pirayou of Rutan & Tucker and a panel on Credit Card Bail. Pirayou reviewed current happenings in Pretrial Release (commonly known as Release on Own Recognizance or “OR“) in Santa Clara County. Pirayou said that Santa Clara County jailsare attempting to use pretrial release to relieve jail overcrowding and save money, but the bottom line numbers show a significantly different picture. He called on bail agents to help paint an accurate public picture.

Orange County Sheriff Candidate

Bondsmen were also addressed by Bill Hunt, candidate for Orange County Sheriff.  Hunt, who spent 22 years in the Orange County Sheriff’s Department, spoke passionately about the job he seeks. Hunt told the group that prior to Corona taking office, the OCSD was a model agency. Since then, there have been indictments, a financial crisis and that currently the “culture in the Orange County Jail system is tragic.” As Sheriff, Hunt indicated that he would uphold the bail system because the bail system works and there is no need to create bureaucracy to attempt to do the same thing.

The lunch speakers included Assemblymember Curt Hagman, Supervisor Rob Brown and LA City Attorney Carmen Trutanich.

After lunch, the continuing education featured a Legal Bail Panel. The day concluded with a meet and greet fundraiser for Hagman who is also a bail bondsman, followed by the annual Bocce Ball Tournament.

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?

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!

Here are four ways to know if the bail bonds companies you are filtering through might be considered unethical or untrustworthy.

1. Undercutting Bail Premiums AKA Illegal Discounts: You’ve narrowed your search for a bondsman online. So you start calling to interview to see which one fits best . The first one you call sounds okay, but when you get to the point of discussing premium (the fee for the bond), they start mentioning discounts that no other bondsman will give you. Suggestion? Tell them, “Thank you for your time, I will get back to you.” Why are you hanging up on this bail bonds company? One word: “discount.” In most states, it is required by law to charge a 10% premium for bail. So if the bondsman is suggesting a discount in order to do business with you, they’re shady, unethical, and you would benefit to part ways with them. Most of the time this discount is the result of a “bait and switch” strategy by the bail bonds company. They get you in there with the “5% bail bonds” advertisement and you find out that its actually %10. The 5% is only for a down payment and the rest is financed with the bail bonds company. If the bondsman is really offering you 5% premium, he’s undercutting bail – which is illegal. The majority of ethical bail bonds companies out there will be very up front with you AND offer financing at any time, usually without interest.
2. Do Your Homework: The Better Business Bureau’s (BBB) website. If the company is reputable, they will actually have the BBB link on their site and usually on the first page. Companies that go the length to advertise this type of qualification on the first page of their site are not hiding anything. Which means they are usually a well run company and strive for customer service. On the BBB’s site you can quickly find out about any complaints that have been reported. You will not find “reviews” or “recommendations”; this is not the purpose of the BBB site. Its only purpose is to provide a place to qualify trust for working with a company. Reviews and recommendations can be found on popular sites like Yelp and Merchant Circle.
3. Soliciting Bail at the Jail: If you happen to visit the jail and are approached by a bail bondsman, tell them you don’t need their help. Laws prohibit a bondsman from hanging around the jails  to solicit business. Even if the bail bondsman “happened” to be in the area posting bail for another client, soliciting your business is prohibited by law. So if you happen to be confronted by the bail bondsman while visiting your loved one, politely tell them to get lost. You really don’t want to be associated with them anyway, since in essence, they are breaking the law.
4. Soliciting Bail By Phone: Your phone rings. You are surprised to hear on the other line, “Hi, this is Johnny of Marciano Bail Bonds. I was calling to see if I might help you with the detainee, Mark so-and-so?” My best suggestion if this happens is hang up. Why? This is likely another bondsman breaking the law. It’s illegal for a bail bondsman to “cold call” potential clients for the purpose of soliciting business. Likely, someone has gained unauthorized and illegal access to jail records and has looked you up via online investigative techniques. The law states that all bail bond agents must first be contacted by the proposed client, therefore if you get a call from an agent, and you haven’t even contacted any agents yet, hang up!

In the end, after you’ve qualified the company and it passes these Four Standards, trust your gut. Good luck!

Photocredit: © Lisa F. Young – Fotolia.com

Nope, this is not Stephanie Plum or Jackie Brown. This is Robin Sandoval-March: copy editor, blogger, published songwriter and screenwriter… and our newest bail bondsman (bondswoman?).

Robin grew up in San Jose. Bail bonds in San Jose is incredibly competitive, perhaps one of the most competitive bail bond markets in California. But Robin wouldn’t have dreamed of that connection. She set her sights on the songwriting business in L.A. “It was a challenge at first, but I finally managed to have some of my songs published in film, records and television. Unfortunately, the pay wasn’t enough; I still needed a full time job,“  Robin told me when we spoke about her become a licensed California bail agent.

“I didn’t know the first thing about bail bonds,  but found the concept really interesting.” Robin loves interacting with people and has an effortless communication style, so this job was a perfect fit for her.  “As I progressed, I became increasingly interested in the bail process, the legal process and the jail system. To some, a family member ending up in jail is the most devastating thing that could happen in their lives. It’s really satisfying when I can help answer their questions, ease some of their stress and help to bail their loved one out of jail.”

The biggest surprise for Robin was how some people have a pre-conceived notion about those who need to be bailed out of jail. “The people I talk to on a daily basis are mainly the mothers, fathers, sisters, brothers, cousins and friends of those who get into a one-time pickle. They are by no means, hardened criminals or repeat offenders. No one wants to sit in jail any longer than they have to. Jail is a dangerous, scary place to be. We know that. So believe me, we’re going to do our best to have them released as quickly as possible. When we do, it’s more than just a days work.”

Robin pursued her BS in Business Management and spent several years in the corporate arena with companies such as NBC, McDonald’s Corporate and Watson Wyatt Worldwide, then later for a non-profit foundation as an event coordinator. Robin was married in 2006 and launched a marketing / public relations, and event coordination business. She also spent time working with her husband in the real estate industry.

These days, when Robin tells her friends she’s a bail bondsman, they wonder if she’s doing research for a new screenplay. “I explain that life imitates art on every level, even in the world of bail bonds. One friend of mine chuckled, but later asked me (quietly) for one of my business cards.“

Recently, I had a call from a woman who’s brother was arrested and was at the Van Nuys Jail. He had been in an accident while driving under the influence of alcohol. His bail was $30,000 and their mother agreed to bail him out. As our bail agent arrived at Van Nuys (and was illegally approached by street solicitors looking to cut him a 5% deal on a bond – also illegal, but that’s another post), he went into the jail with bond in hand and the jailer told him, “Sorry, the guy just had an O.R. approved.”

My guy tells the jailer, “Well, I have a bond, wouldn’t that be better for everyone?”

“Sorry, gotta O.R. him,” the agent was told. (Note that I recognize that the officer was doing what he’s told to do.)

You might be thinking, that’s great for the defendant and his family; they don’t have to pay. Well, not so fast. What are the facts about O.R. versus bail when it comes to appearance in court?

Cheif Walters of the Santa Ana Police Department cited it well when he met with bondsmen in October 2008. He told us:

The Santa Ana experience was that 95 to 98% of bailees returned to court to address the charges compared with only 25% of defendants who were cited out.

Walters went on to say that when someone doesn’t appear for court, a warrant is issued and police are supposed to go out looking for the individual, at additional cost to the public and taking time away from the officers’ other duties. In my experience that doesn’t happen; police departments just don’t have the resources. If, however, a defendant on bond doesn’t show up, the bondsman will find him. That’s our job as an agent for the court.

Day in and day out we deal with nice families and people who have had bad judgement and, yes, some criminals. The purpose of the bail system is to ensure appearance at court – and that’s a good thing! It lets people who are potentially innocent get out of jail and continue their lives; it also keeps down the over-crowding in the jails, making them safer and potentially less costly to society at large. Bail bondsmen additionally provide - at no cost to the public - oversight for the defendant: a set of eyes from the bondsman and the indemnitor (the person signing the bail bond contract), which provides a service that cite and release or release on Own Recognizance (“O.R.”) does not.

When a jailer has the ability to accept a bond or release on O.R., it costs nothing to help ensure the individual will return to court. Who pays? The defendant or their family… but isn’t a safer public worth it?

More on Benefits of Bail Bonds.

Bail agents also discussed regular monthly business including supporting Santa Ana Police Athletic & Activities League (SAPAAL) and Mother’s Against Drunk Driving (MADD). News from the California Bail Agents Association included a review of committees that have been formed jointly between the CBAA and Golden State Bail Agents Association (GSBAA) to work on issues facing members of both associations such as improving efficiency in jail release, the ability to obtain documentation for warrants of fugitives, and parole bonds.

OCBAA meets monthly to promote, advance, preserve and protect the business interests of retail bail agents based in Orange County, California. Greg Rynerson Bail Bonds, which services Orange County bail, is an Associate Member of the group.

Richard P. Herman, attorney for the bail agents indicates that former Sheriff Michael S. Carona allowed former Assistant Sheriff George Jaramillo to initiate a scheme whereby inmates steer arrestees to certain bail bond companies in returen for a kick-back.

Such allegations are not new in the bail industry. We regularly hear stories from people we bail out of jails in Los Angeles, Orange County and other places that inmates (I’ve heard them called “tank workers“) are “recommending” certain bondsmen. We’ve been told that these tank workers tell our clients that the bondsman they recomend will give a discount if they can get others to use his service or the bondsman will add money to their jail account. Unfortunately, stories are not enough. In my experience, it can be difficult to convince someone who is dealing with their own problems to file a formal complaint and give an affidavidt, as the Department of Insurance needs to open a case.

Given the problems of former Orange County Sheriff Carona, my guess is that these allegations are well founded. I just hope that there is enough support to not just move the complaint forward, but to actually clean up this offense. My gut tells me that until the public realizes that it’s not just a bondsman’s bottom line, but actually a public safety issue, such bail industry scams will continue or simply be slapped on the wrist.

You may have heard the term Bail Agent, or have seen the bright neon signs across the street from any city jail. Perhaps you’ve heard of a Fugitive Recovery Person like “Dog the Bounty Hunter” on television? Before I explain what they do, it’s important to know that these two job titles encompass very different duties.

Pictured: Bondsman Tonya Rynerson with Bounty Hunter Zeke Unger

Although Bail Agents, more commonly called a Bondsmen, and Fugitive Recovery Agents work very closely together at times, and are often confused as being one and the same. But by definition, they are very different indeed. In California, you must be licensed and trained specifically for the job of Bail Agent and as such, you can pick up your own “skips” or those who fail to appear in court. So let’s talk a about their big differences in their jobs:

Fugitive Recovery Agents, also known as, “Bounty Hunters” or “Skip Tracers” typically track down criminal defendants who have otherwise “skipped bail.” These defendants have failed to appear in front of a judge for their court dates and must be located. A Fugitive Recovery Agent is provided written authorization pursuant to the laws in their state. They are hired specifically to locate, arrest and detain defendants and are tactically trained in techniques to do so. In many situations, Bounty Hunters must use surprise entry to gain access to a home or dwelling to make an arrest. This can sometimes lead to physical resistance by the defendant, so at times violence may be associated with being a Fugitive Recovery Agent. This is why Fugitive Recovery Agents are asked to train and test with firearms, handcuffs, tasers, mace and other powerful weapons. They may wear ballistic/Kevlar vests for protection during actual arrests. Some Bounty Hunters may have a previous background in law enforcement. It definitely takes “the right stuff” to do this job safely and correctly.

The job of a Licensed Bail Agent also known as, “Bail Bondsman” or “Bail Bond Agent” includes writing contracts, “posting bail” for the release of a defendant from jail and the administration of other important forms. A Bail Bond Agent by definition transacts bail for a fee (in California its 10%) and must be licensed by the state’s department of insurance. They may be familiar with the workings of the local criminal courts and other legal regulations. Upon authorization of the bail bond by a co-signer, (indemnitor), family member or the defendant him/herself, the defendant is released and the bail bond is accepted from the court, in lieu of the entire bail amount. The licensed Bail Agent guarantees to indemnify the surety company (insurance company) for any forfeiture or related costs for the bond should the defendant fail to make their scheduled court appearance. A Licensed Bail Bondsman may go to a jail with bail bond paperwork to release a defendant. However, they typically don’t go out “searching for” and “arresting” a defendant for not showing up for their court appearances. Bail Agents don’t typically have to carry weapons or wear Kevlar vests while administrating bail bonds from their offices. And for some Bail Agents, that may be a huge relief.

The significant difference between the two professions are: Bail Agents are called and work to help things “go smoothly” by insuring the defendant is released from jail when bail is made. Fugitive Recovery Agents are called in when things “don’t go smoothly” and move in to make the arrest and bring the defendant back to jail. Simply put, the bail bondsman gets people out of jail; a bounty hunter puts them back in jail.

Learn more about Los Angeles Bounty Hunting.

Let’s say, a defendant is arrested. During the booking process the defendant’s information is entered into various jail computer databases. Unscrupulous bail agents will then “hack” into computer databases to get the names of the defendant sometimes within minutes of the inmate being booked. Armed with the illegally obtained defendant’s name, jail location and date of birth, these unscrupulous bail agents will then utilize investigative techniques to gather information about those associated with the defendant. These bail agents begin to illegally cold call family members, friends and others associated with the defendant for the purposes of negotiating bail.

In a time when we are all concerned with privacy rights, perhaps most disturbing from a public policy perspective are cold calls to those loosely associated with the defendant such as current or former bosses, ex-spouses or family members that have been estranged for years. Many of these contacted individuals have absolutely no right knowing that the defendant has been arrested. Jobs and custody situations can be jeopardized.

In some cases, these corrupt bail agents will illegally visit the defendant in jail (usually within 1-2 hours of the beginning of the booking process). While at the jail, the corrupt bail agent will directly negotiate with the defendant or contact friends or family members at the direction of the defendant. Often, the corrupt bail agents are offering illegally low bail premium rates. This not only undercuts normal market forces, it puts the bail agents clients in a position of breaking the law.

This above described scenario is happening on a massive scale in my county of Los Angeles, but I’m seeing this happen throughout the state of California. Somehow, these unscrupulous bail agents are gaining computer access to booking information within minutes of the defendant being booked. Based on my observations, and those of my fellow bail agents, these unscrupulous bail agents are engaged in a unprecedented operation that involves, at minimum, hundreds of thousands of dollars in insurance premium per day and invades the privacy of hundreds, if not thousands of California residents.

I have been told by many clients that they have been called by a bondsmen who was not contacted by family, friends or the defendant. When the client asks where the bondsmen found their information, they are told that they found it online. This illegal activity is hurting legitimate bail bond companies everywhere. In my opinion, it won’t be long until legitimate retail bail companies will be hard to find. The bail industry will be left with a large network of criminal computer hackers and illegal solicitors that ultimately will crack every computer database, in every county, of California.

We offer more information on Bail Bond Scams.