Keep Bailing

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 »

Actor Randi Quaid and his wife, Evi, don’t seem to be very good at math.  Last summer, the Quaids were accused of not paying the bill for their stay at the exclusive San Ysidro Ranch in Santa Barbara, Calif.  The couple allegedly tried to  use an invalid credit card to pay, then argued with the concierge and stormed off after their card was refused.  The hotel bill cost them $10,000.

But that hotel bill was nothing compared to what reportedly happened next.  Since the law-challenged couple failed to appear at a December 15 scheduled hearing in California, the judge immediately deemed them felony fugitives.  “The court forfeited the bail bonds that had been posted and issued new warrants for $40,000 each,” Lee Carter of the Santa Barbara District Attorney’s Office said.  “If the [bail bondsman] wants  his money, 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 »