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Bail bondsman

From Wikipedia, the free encyclopedia
A bail bondsman located outside of theNew York City Criminal CourtinManhattan,New York City

Abail bondsman,bail bond agentorbond dealeris any person, agency or corporation that will act as asuretyand pledge money or property asbailfor the appearance of adefendantin court.

Bail bond agents are almost exclusively found in theUnited Statesbecause the practice of bail bonding is illegal in most other countries.[1][2]The industry is represented by varioustrade associationswith the Professional Bail Agents of the United States and the American Bail Coalition forming an umbrella group for bail agents and surety companies and the National Association of Fugitive Recovery Agents representing thebounty huntingindustry.[citation needed]Organizations that represent the legal profession, including theAmerican Bar Associationand the National District Attorneys Association, oppose the practice of bond dealing by claiming that it discriminates against poor and middle-class defendants while doing nothing forpublic safety.[3]

History[edit]

The first modern bail bonds business in the United States was established byPeter P. McDonoughinSan Franciscoin 1898.[4]However, clay tablets from ca. 2750 BC describe surety bail bond agreements made in theAkkadiancity ofEshnunna,located in modern-dayIraq.[5]

Bondsmen obtain the release of defendants from jail by paying sums of currency and pledging, sometimes with their own property as collateral, that said defendant(s) will show up for court.[6]

Modern practice[edit]

According to 1996 figures for the U.S., one quarter of all released felony defendantsfail to appearat trial, but those released via surety bond appear more frequently than other defendants.[7]

Laws governing the practice of bail bonds vary by state,[8]although theUniform Criminal Extradition Act,sponsored by theUniform Law Commission,has been widely adopted.[8]In the state ofCalifornia,bail bond agreements[vague]must be verified and certified by theCalifornia Department of Insurance.[9]The practice of commercial bail bonds is unlawful in the states ofIllinois,Kentucky,Oregon,andWisconsin.[10]

Applicable federal laws include theExcessive Bail Clauseof theEighth Amendmentand theBail Reform Act of 1984,[11]incorporated into theComprehensive Crime Control Act of 1984.[citation needed]

Training and requirements[edit]

"There are 18 states where theoretically anyone can become a bail recovery agent..."[1]In most jurisdictions, bond agents must be licensed to carry on business within the state. Some insurance companies may offer insurance coverage that includes local bail bonds for traffic related arrests.[12]

Pricing[edit]

Bond agents generally charge a fee of 10% for a state charge and 15% for a federal charge, with a minimum of $100 in such states asFlorida,required in order to post a bond for the full amount of the bail.[13]This fee is not refundable and represents the bond agent's compensation for services rendered.[14]

Nevadais one of the states which allow an arrestee to use a residence as collateral for a bail bond. To do this, the applicant must register adeed of trustand name the bonding agency as beneficiary. The agency thus gains a lien on the property, but can only take ownership if the defendant fails to comply with all court instructions and rules.[15]

In some states, such as Florida, bond agencies are responsible for paying any forfeitures, and risk being denied permission to write further bonds in the state if they fail to do so.[16]

Recovery and bounty hunting[edit]

If the defendant fails to appear in court, the bond agent is allowed by law or contractual arrangement to bring the defendant to the jurisdiction of the court in order to recover the money paid out under the bond, usually through the use of abounty hunter."Only the Philippines has a surety bail system similar in structure and function [as the US]."[1]: 193 In the past, courts in Australia, India and South Africa had disciplined lawyers for professional misconduct for setting up commercial bail arrangements.[2]

Some states, such asNorth Carolina,have outlawed the use or licensing of "bounty hunters", requiring instead that bail bondsmen apprehend their own fugitives. Bond agents may also attempt to recover money forfeited to the court for the failure of a defendants to appear by suing indemnitors, any persons who guaranteed the defendants' appearances in court, or the defendants themselves.[clarification needed]

Regulation[edit]

As of 2007four states—Illinois,Kentucky,Oregon,andWisconsin—had completely banned commercial bail bonding,[17]usually substituting the 10% cash deposit alternative described below. Some of these states specifically allowAAAand similar organizations to continue providing bail bond services pursuant to insurance contracts or membership agreements.[citation needed]While not outright illegal, the practice of bail bond services has effectively ended in Massachusetts as of 2014.[18]Most of the US legal establishment, including the American Bar Association and the National District Attorneys Association, dislikes the bail bond business, saying it discriminates against poor and middle-class defendants, does nothing for public safety, and usurps decisions that ought to be made by the justice system.[2]Charitablebail fundshave sprung up to combat the issue of discrimination, using donations to cover the bail amount for the arrested person.[19]The economically discriminatory effect of the bond system has been controversial and subject to attempts at reform since the 1910s. The market evidence indicates that judges in setting bail demanded lower probabilities of flight from minority defendants—[20]see, for example,Frank Murphy's institution of a bond department atDetroit, Michigan'sRecorder's Court.[21]Furthermore, the economic incentives of bonding for profit make it less likely that defendants charged with minor crimes (who are assigned lower amounts of bail) will be released. This is because a bail bondsman will not find it profitable to work on matters where the percentage of profit would yield $10 or $20. As such, bail bondsmen help release people with higher amounts of bail who are also charged with higher crimes, creating an imbalance in the numbers of people charged with minor crimes (low level misdemeanors) and increasing jail expenditures for this category of crimes.[22]

California[edit]

In California, bail is heavily regulated by the California Penal Code,[23][24]California Insurance Code[25]and California Code of Regulations.[26]All violations of the aforementioned constitute felony violations via California Insurance Code 1814—[27]including administrative regulatory codes such as record keeping, how solicitations are conducted, collateral and treatment of arrestees. Under California law it is a crime for a bail bondsman to solicit business at a county jail.[28][29][30]

Criticism[edit]

Several high-profile cases involving bondsman misconduct have led to calls for increased regulation of the industry or outright abolition of the bail for profit industry.[31][32][33][34]One of the most prominent cases, in Louisiana, involved bribery of judges by a bail bonding agency. A far-reaching FBI investigation code-named "Operation Wrinkled Robe" led to criminal charges and removal proceedings for various judges, such asRonald Bodenheimer,and police officers.[35][better source needed]

The American Civil Liberties Union has criticized the practice of bail bonds as a form of injustice against low-income communities and fueling mass incarceration of innocent people, with the ACLU recommending automated text messages or robocalls for court appearances.[36]

Alternatives[edit]

In addition to the use of bail bonds, a defendant may be released under other terms. These alternatives includepretrial services programs,own recognizanceor signature bond,cash bond,surety bond,property bond,andcitation release.The choice of these alternatives is determined by the court.[citation needed]

References[edit]

  1. ^abcJohnson, Brian R., and Ruth S. Stevens."The Regulation and Control of Bail Recovery Agents: An Exploratory Study."Criminal Justice Review 38, no. 2 (2013): 190-206.
  2. ^abcLiptak, Adam(2008-01-29)."Illegal Globally, Bail for Profit Remains in U.S."U.S.The New York Times.Retrieved2008-01-29.
  3. ^Liptak, Adam (2008-01-29)."Illegal Globally, Bail for Profit Remains in U.S."The New York Times.Retrieved2018-08-25.
  4. ^Barnes, Meritt."Corruption Central: Peter P. McDonough".Foundsf.San Francisco, California: Shaping San Francisco.Retrieved2018-12-13.
  5. ^Morgan, Willis D."The History and Economics of Suretyship."Cornell Law Review, 12.2, February 1927, p. 153
  6. ^2014 Florida Law Enforcement Handbook Miami-Date Police Department(PDF).Board of County Commissioners, Miami-Dade County, Florida. 2014. p. 15.ISBN978-0-7698-9076-0.Retrieved15 November2023.
  7. ^Eric Helland and Alexander Tabarrok."The Fugitive: Evidence on Public versus Private Law Enforcement from Bail Jumping."The Journal of Law & Economics, Vol. 47, No. 1.pp. 93-122 (April 2004).doi:10.1086/378694.pp. 93, 96, 102–118. Retrieved 29 September 2023.
  8. ^abWatson J, Labe LJ. (2001). "Ch. 8 Bail Bonds".In:The Law of Miscellaneous and Commercial Surety Bonds.Eds. Todd C. Kazlow, Bruce C. King.
  9. ^"Bail Agent".Insurance.ca.gov.Retrieved2012-06-17.
  10. ^Illegal Globally, Bail for Profit Remains in U.S.,Adam Liptak, 29Jan2008, The New York Times
  11. ^Keller D. (2008).Resolving a "Substantial Question": Just Who is Entitled to Bail Pending Appeal under the Bail Reform Act of 1984?.Florida Law Review.
  12. ^"Hidden Benefits of Car Insurance".National Association of Mutual Insurance Companies.28 February 2001.Retrieved10 July2017.[permanent dead link]
  13. ^"How Much Does Bail Cost".AboutBail.Lawgical.Retrieved10 July2017.
  14. ^"Moving Beyond Money: A Primer on Bail Reform"(PDF).Criminal Justice Policy Program.Harvard Law School. October 2016.Retrieved10 July2017.
  15. ^"NRS 697.320. Collateral".Nevada Revised Statutes.Nevada State Legislature.Retrieved10 July2017.
  16. ^"Chapter 648 - 2011 Florida Statutes".
  17. ^"Pretrial Release of Felony Defendants in State Courts"(PDF).U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Statistics. November 2007. Archived fromthe original(PDF)on 2012-11-04.Retrieved2012-08-15.
  18. ^Contrada, Fred (25 March 2014)."Bail bondsmen are a thing of the past in Massachusetts".MassLive.Retrieved11 July2017.
  19. ^Santo, Alysia (23 August 2016)."Bail Reformers Aren't Waiting for Bail Reform".The Marshall Project.Retrieved13 April2018.
  20. ^Ian Ayres (30 January 2008)."Can Bail Bond Dealers Reduce Discrimination? A Guest Post".The New York Times.
  21. ^Maveal, Gary (March 2000)."Michigan Lawyers in History—Justice Frank Murphy, Michigan's Leading Citizen".Michigan Bar Journal.79(3). State Bar of Michigan.Retrieved2012-06-17.
  22. ^"Bail Burden Keeps U.S. Jails Stuffed With Inmates".National Public Radio.
  23. ^"Codes Display Text".leginfo.legislature.ca.gov.Retrieved2020-05-09.
  24. ^"Codes Display Text".leginfo.legislature.ca.gov.Retrieved2020-05-09.
  25. ^"Codes Display Text".leginfo.legislature.ca.gov.Retrieved2020-05-09.
  26. ^"Browse - California Code of Regulations".govt.westlaw.Retrieved2020-05-09.
  27. ^"Law section".leginfo.legislature.ca.gov.Retrieved2020-05-09.
  28. ^"People v Dolezal".Retrieved2017-05-11.
  29. ^"California Department of Insurance".insurance.ca.gov.Retrieved2015-09-17.
  30. ^"California statewide email notice"(PDF).
  31. ^"Woman Suing Bail Bondsman Accused Of Raping Her".Archived fromthe originalon 2011-05-11.
  32. ^"Bail bondsman accused of defrauding government appears in court".Baltimore Sun.March 26, 2010.
  33. ^"Bail Bondsman Accused of Kidnapping Client".Archived fromthe originalon April 4, 2012.
  34. ^"Bail Bondsman Accused of Embezzling Funds From a Client".Archived fromthe originalon 2014-02-02.
  35. ^"Operation Wrinkled Robe".
  36. ^"$elling Off Our Freedom"(PDF).

Further reading[edit]

  • F. E. Devine,Commercial Bail Bonding: A Comparison of Common Law Alternatives(New York: Praeger, 1991)ISBN0-275-93732-1.

External links[edit]

Wikimedia Commons has media related toBail bond agents.
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