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 underwrite bonds to the court and the defendant, or a representative of the defendant, pays 10% to the bondsman. If the defendant doesn’t show up for court, the bondsman brings the individual back to court or pays the court the full bail amount. The bondsman clearly has significant financial insentive to make sure the defendant appears in court. The private system works and costs the public nothing. The forfeiture rate utilizing the private bail system is less that 2%.

Dennis A. Bartlett, executive director of the American Bail Coalition, believes Philadelphia could solve its problems by ‘ditching’ government-run bail. He says private companies have a far better track record of getting defendants into court, which are findings that both academic and federal research reports support.

DA Williams and other witnesses said it was past time for the city to revamp this system.  U.S. Senator Arlen Spector (D – PA), who launched the hearing, agrees. Besides describing the broken bail system and high fugitive count, there has also been widespread cases witness intimidation.  Pennsylvania has the nation’s worst felony-conviction rate, with defendants going free in nearly two-thirds of all criminal cases.

U.S. Rep Joe Sestak (D – PA), who is Specter’s opponent in the Democratic primary, called for a nationwide study on how to reform bail. Under his proposal, Philadelphia might be selected as a place to test the best new approaches. Specter, however, feels that private bail companies are the answer.

We have to agree: the private bail system has a long-standing record that is second to none. It works.

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, they’ll have to go and get it.“  Bail for both Randy and Evi had previously been set at $20,000 apiece.

If the Quaids ever bother to do the math, they will belatedly realize their bail skipping antics are going to cost them some serious dinero… and possibly  jail time.  Carter added that authorities currently don’t have any information on them at present. The celeb-desperadoes were last seen in their native Texas, raising another ruckus.

Not surprisingly, Randi and Evi could not be reached for comment; however their lawyer, Robert Sanger, insists that they paid the hotel bill and hoped to resolve the case.

Quaid, 55, is the elder brother of actor Dennis Quaid.  He is best known for his star turns in Brokeback Mountain, Independence Day and Kingpin.

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, or “chattel“, of the bail bondsman.  This rule dates back to 13th century England, where the custom of bail first started, but today it simply means the bail bondsman has legal authority over the defendant.  His freedom is guaranteed — unless the bondsman revokes it for breaking the law or their bail contract.  If the defendant bolts, the bondsman can also hire a bounty hunter to re-arrest him.

Bail Forfeiture

If the defendant misses his court date(s), it’s called a “forfeiture.”  Using our check analogy, the bail becomes a “bad check” that needs to be covered.  And it’s the bail bondsman who is responsible for it, in full, to the court.  Fortunately, he has the Indemnitor who co-signed the bail bond, to collect that payment from.  And to further hedge his bets, when he deems it necessary, our bail bondsman has already gotten the Indemnitors commitment of collateral (like property) and a premium payment (10% of the bail amount).

But where does a bondsman get the cash he needs to cover an entire bail amount, which can sometimes be hundreds of thousands of dollars? Bail bondsmen contract with specialized insurance companies called sureties that underwrite bonds.  So not only are bail bonds like checks, they’re an awful lot like insurance policies, too.  If neither the Indemnitor nor the bail bondsman can pay the full bail amount, the court holds the insurance company responsible.

Bail Exoneration

But when a defendant keeps his court dates, the bond is “exonerated” or completed.  The bondsman returns all of the Indemnitor’s money and/or property, except his 10% cost-of-service fee.

Put Us On Speed-dial

In conclusion, a simple way to remember how bail works is with this little saying:  You don’t  have time to waste in jail, so get a bondsman to post your bail.  He’s the man with the can opener!

Oh, and you may also want to keep this number handy: 888-Bail-Bond (1-888-224-5266). It’s the phone number of Greg Rynerson Bail Bonds — my agency.  Because… well, you never know…