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Bail bondsman

May 09, 2024

A bail bondsman, bail bond agent or bond dealer is any person, agency or corporation that will act as a surety and pledge money or property as bail for the appearance of a defendant in court.

A bail bondsman located outside of the New York City Criminal Court in Manhattan, New York City

Bail bond agents are almost exclusively found in the United States because the practice of bail bonding is illegal in most other countries.[1][2] The industry is represented by various trade associations with 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 the bounty hunting industry.[citation needed] Organizations that represent the legal profession, including the American Bar Association and 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 for public safety.[3]

History edit

The first modern bail bonds business in the United States was established by Peter P. McDonough in San Francisco in 1898.[4] However, clay tablets from ca. 2750 BC describe surety bail bond agreements made in the Akkadian city of Eshnunna, located in modern-day Iraq.[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 defendants fail to appear at 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 the Uniform Criminal Extradition Act, sponsored by the Uniform Law Commission, has been widely adopted.[8] In the state of California, bail bond agreements[vague] must be verified and certified by the California Department of Insurance.[9] The practice of commercial bail bonds is unlawful in the states of Illinois, Kentucky, Oregon, and Wisconsin.[10]

Applicable federal laws include the Excessive Bail Clause of the Eighth Amendment and the Bail Reform Act of 1984,[11] incorporated into the Comprehensive 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 ten percent for a state charge and fifteen percent for a federal bail bond, with a minimum of one hundred dollars in such states as Florida, required in order to post a bond for the full amount of the bond.[13] This fee is not refundable and represents the bond agent's compensation for services rendered.[14]

Nevada is one of the states which allow an arrestee to "put up" a residence for a bail bond. To do this, the applicant must register a deed of trust and name the bonding agency as beneficiary. While this gives the bail company a lien on the property, it can only take ownership if the defendant fails to comply with all court instructions and rules.[15]

In some states, such as Florida, bondsmen are responsible for paying the forfeitures, and if they fail to pay the full amount, they are forbidden to write further bonds in the state.[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 a bounty 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 as North 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 2007 four states—Illinois, Kentucky, Oregon, and Wisconsin—had completely banned commercial bail bonding,[17] usually substituting the 10% cash deposit alternative described below. Some of these states specifically allow AAA and 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] Charitable bail funds have 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 at Detroit, Michigan's Recorder'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 as Ronald 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 include pretrial services programs, own recognizance or signature bond, cash bond, surety bond, property bond, and citation release. The choice of these alternatives is determined by the court.[citation needed]

References edit

  1. ^ a b c Johnson, 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. ^ a b c Liptak, Adam (2008-01-29). "Illegal Globally, Bail for Profit Remains in U.S." U.S. The New York Times. Retrieved 2008-01-29.
  3. ^ Liptak, Adam (2008-01-29). "Illegal Globally, Bail for Profit Remains in U.S." The New York Times. Retrieved 2018-08-25.
  4. ^ Barnes, Meritt. "Corruption Central: Peter P. McDonough". Foundsf. San Francisco, California: Shaping San Francisco. Retrieved 2018-12-13.
  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. ISBN 978-0-7698-9076-0. Retrieved 15 November 2023.
  7. ^ Eric Helland and Alexander Tabarrok. 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. ^ a b Watson 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. Retrieved 2012-06-17.
  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. Retrieved 10 July 2017.[permanent dead link]
  13. ^ "How Much Does Bail Cost". AboutBail. Lawgical. Retrieved 10 July 2017.
  14. ^ "Moving Beyond Money: A Primer on Bail Reform" (PDF). Criminal Justice Policy Program. Harvard Law School. October 2016. Retrieved 10 July 2017.
  15. ^ "NRS 697.320. Collateral". Nevada Revised Statutes. Nevada State Legislature. Retrieved 10 July 2017.
  16. ^ "Chapter 648 - 2011 Florida Statutes".
  17. ^ (PDF). U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Statistics. November 2007. Archived from the original (PDF) on 2012-11-04. Retrieved 2012-08-15.
  18. ^ Contrada, Fred (25 March 2014). "Bail bondsmen are a thing of the past in Massachusetts". MassLive. Retrieved 11 July 2017.
  19. ^ Santo, Alysia (23 August 2016). "Bail Reformers Aren't Waiting for Bail Reform". The Marshall Project. Retrieved 13 April 2018.
  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. Retrieved 2012-06-17.
  22. ^ "Bail Burden Keeps U.S. Jails Stuffed With Inmates". National Public Radio.
  23. ^ "Codes Display Text". leginfo.legislature.ca.gov. Retrieved 2020-05-09.
  24. ^ "Codes Display Text". leginfo.legislature.ca.gov. Retrieved 2020-05-09.
  25. ^ "Codes Display Text". leginfo.legislature.ca.gov. Retrieved 2020-05-09.
  26. ^ "Browse - California Code of Regulations". govt.westlaw.com. Retrieved 2020-05-09.
  27. ^ "Law section". leginfo.legislature.ca.gov. Retrieved 2020-05-09.
  28. ^ "People v Dolezal". Retrieved 2017-05-11.
  29. ^ "California Department of Insurance". www.insurance.ca.gov. Retrieved 2015-09-17.
  30. ^ "California statewide email notice" (PDF).
  31. ^ . Archived from the original on 2011-05-11.
  32. ^ "Bail bondsman accused of defrauding government appears in court". Baltimore Sun. March 26, 2010.
  33. ^ . Archived from the original on April 4, 2012.
  34. ^ . Archived from the original on 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) ISBN 0-275-93732-1.

External links edit

 
Wikimedia Commons has media related to Bail bond agents.
  • Bail Burden Keeps U.S. Jails Stuffed with Inmates. NPR, 2010/01/21

May 09, 2024
bail, bondsman, bail, bondsman, bail, bond, agent, bond, dealer, person, agency, corporation, that, will, surety, pledge, money, property, bail, appearance, defendant, court, bail, bondsman, located, outside, york, city, criminal, court, manhattan, york, city,. A bail bondsman bail bond agent or bond dealer is any person agency or corporation that will act as a surety and pledge money or property as bail for the appearance of a defendant in court A bail bondsman located outside of the New York City Criminal Court in Manhattan New York City Bail bond agents are almost exclusively found in the United States because the practice of bail bonding is illegal in most other countries 1 2 The industry is represented by various trade associations with 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 the bounty hunting industry citation needed Organizations that represent the legal profession including the American Bar Association and 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 for public safety 3 Contents 1 History 2 Modern practice 2 1 Training and requirements 2 2 Pricing 2 3 Recovery and bounty hunting 2 4 Regulation 2 4 1 California 2 5 Criticism 2 6 Alternatives 3 References 4 Further reading 5 External linksHistory editThe first modern bail bonds business in the United States was established by Peter P McDonough in San Francisco in 1898 4 However clay tablets from ca 2750 BC describe surety bail bond agreements made in the Akkadian city of Eshnunna located in modern day Iraq 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 editAccording to 1996 figures for the U S one quarter of all released felony defendants fail to appear at 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 the Uniform Criminal Extradition Act sponsored by the Uniform Law Commission has been widely adopted 8 In the state of California bail bond agreements vague must be verified and certified by the California Department of Insurance 9 The practice of commercial bail bonds is unlawful in the states of Illinois Kentucky Oregon and Wisconsin 10 Applicable federal laws include the Excessive Bail Clause of the Eighth Amendment and the Bail Reform Act of 1984 11 incorporated into the Comprehensive 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 ten percent for a state charge and fifteen percent for a federal bail bond with a minimum of one hundred dollars in such states as Florida required in order to post a bond for the full amount of the bond 13 This fee is not refundable and represents the bond agent s compensation for services rendered 14 Nevada is one of the states which allow an arrestee to put up a residence for a bail bond To do this the applicant must register a deed of trust and name the bonding agency as beneficiary While this gives the bail company a lien on the property it can only take ownership if the defendant fails to comply with all court instructions and rules 15 In some states such as Florida bondsmen are responsible for paying the forfeitures and if they fail to pay the full amount they are forbidden to write further bonds in the state 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 a bounty 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 as North 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 2007 update four states Illinois Kentucky Oregon and Wisconsin had completely banned commercial bail bonding 17 usually substituting the 10 cash deposit alternative described below Some of these states specifically allow AAA and 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 Charitable bail funds have 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 at Detroit Michigan s Recorder 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 as Ronald 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 include pretrial services programs own recognizance or signature bond cash bond surety bond property bond and citation release The choice of these alternatives is determined by the court citation needed References edit a b c Johnson 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 a b c Liptak Adam 2008 01 29 Illegal Globally Bail for Profit Remains in U S U S The New York Times Retrieved 2008 01 29 Liptak Adam 2008 01 29 Illegal Globally Bail for Profit Remains in U S The New York Times Retrieved 2018 08 25 Barnes Meritt Corruption Central Peter P McDonough Foundsf San Francisco California Shaping San Francisco Retrieved 2018 12 13 Morgan Willis D The History and Economics of Suretyship Cornell Law Review 12 2 February 1927 p 153 2014 Florida Law Enforcement Handbook Miami Date Police Department PDF Board of County Commissioners Miami Dade County Florida 2014 p 15 ISBN 978 0 7698 9076 0 Retrieved 15 November 2023 Eric Helland and Alexander Tabarrok The Fugitive Evidence on Public versus Private Law Enforcement from Bail Jumping The Journal of Law amp Economics Vol 47 No 1 pp 93 122 April 2004 doi 10 1086 378694 pp 93 96 102 118 Retrieved 29 September 2023 a b Watson J Labe LJ 2001 Ch 8 Bail Bonds In The Law of Miscellaneous and Commercial Surety Bonds Eds Todd C Kazlow Bruce C King Bail Agent Insurance ca gov Retrieved 2012 06 17 Illegal Globally Bail for Profit Remains in U S Adam Liptak 29Jan2008 The New York Times 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 Hidden Benefits of Car Insurance National Association of Mutual Insurance Companies 28 February 2001 Retrieved 10 July 2017 permanent dead link How Much Does Bail Cost AboutBail Lawgical Retrieved 10 July 2017 Moving Beyond Money A Primer on Bail Reform PDF Criminal Justice Policy Program Harvard Law School October 2016 Retrieved 10 July 2017 NRS 697 320 Collateral Nevada Revised Statutes Nevada State Legislature Retrieved 10 July 2017 Chapter 648 2011 Florida Statutes 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 from the original PDF on 2012 11 04 Retrieved 2012 08 15 Contrada Fred 25 March 2014 Bail bondsmen are a thing of the past in Massachusetts MassLive Retrieved 11 July 2017 Santo Alysia 23 August 2016 Bail Reformers Aren t Waiting for Bail Reform The Marshall Project Retrieved 13 April 2018 Ian Ayres 30 January 2008 Can Bail Bond Dealers Reduce Discrimination A Guest Post The New York Times Maveal Gary March 2000 Michigan Lawyers in History Justice Frank Murphy Michigan s Leading Citizen Michigan Bar Journal 79 3 State Bar of Michigan Retrieved 2012 06 17 Bail Burden Keeps U S Jails Stuffed With Inmates National Public Radio Codes Display Text leginfo legislature ca gov Retrieved 2020 05 09 Codes Display Text leginfo legislature ca gov Retrieved 2020 05 09 Codes Display Text leginfo legislature ca gov Retrieved 2020 05 09 Browse California Code of Regulations govt westlaw com Retrieved 2020 05 09 Law section leginfo legislature ca gov Retrieved 2020 05 09 People v Dolezal Retrieved 2017 05 11 California Department of Insurance www insurance ca gov Retrieved 2015 09 17 California statewide email notice PDF Woman Suing Bail Bondsman Accused Of Raping Her Archived from the original on 2011 05 11 Bail bondsman accused of defrauding government appears in court Baltimore Sun March 26 2010 Bail Bondsman Accused of Kidnapping Client Archived from the original on April 4 2012 Bail Bondsman Accused of Embezzling Funds From a Client Archived from the original on 2014 02 02 Operation Wrinkled Robe elling Off Our Freedom PDF Further reading editF E Devine Commercial Bail Bonding A Comparison of Common Law Alternatives New York Praeger 1991 ISBN 0 275 93732 1 External links edit nbsp Wikimedia Commons has media related to Bail bond agents Bail Burden Keeps U S Jails Stuffed with Inmates NPR 2010 01 21 Retrieved from https en wikipedia org w index php title Bail bondsman amp oldid 1220815528, wikipedia, wiki, book, books, library,

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