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There is an ongoing debate in our criminal justice system over whether or not a defendant’s ability to pay for their release from jail actually creates a safer community.  An additional question stemming from this dialogue - does the option of bail only disproportionately keep the poor incarcerated while the wealthy are able to secure release and continue to re-offend?

The Options

 When it comes to these issues, we must consider the reality of the options on the table. The preceding question is simply as loaded as the best baked potato you’ve ever eaten. We could likely say the same thing about any industry in which some are able to afford and some are not. Nonetheless, let’s consider the options

1. Cash Bail                           

If you have the cash in the bank and you don’t mind living without it for the duration of court, you can secure your own release in many cases. However, this doesn’t necessarily mean that the judge will not place conditions on your bail. The court will have the oversight of those conditions and can revoke that bail in the event the conditions are not met. So, the idea that the wealthy are free to offend and be released without prudence is absolutely false. They are subject to the same conditions as any person of any financial standing. The disadvantages of “Cash Bail” are simple. You may have to go without it for six months to two years and in some cases, it could be forfeited in the event you make a simple mistake. Often, a licensed bail agent is in a position to communicate with the court and they carry the liability rather than you.

2. Corporate Surety 

bail bondAn option for those that may not have the cash in the bank or otherwise may simply not be in a position to go without that money for the duration of their court proceedings is the corporate surety bond. A surety company (bail bond company) pledges a monetary amount to the court that the defendant will re-appear throughout adjudication (a fancy word for the judge’s final decision).

 Typically, the fee for hiring a surety company is 10% of the face amount of the bond, considerably less than the full amount. In the event the defendant breaks the conditions of their bail or intentionally evades their court appearance, the surety agent is ordered to pay the full amount of the bond or produce the defendant to the custody of the sheriff.

 Again, a responsible bail bond company and a sensible judge can easily ensure reasonable community safety at no cost to the taxpayer and by comparison, at little cost to the defendant.

 It is important to mention that many surety companies offer flexible financing at no interest for defendants who would otherwise not be able to afford the full 10% up front. It is important for bail bond companies, however to remember not to undermine the judges authority and the bond they set by entering into financing that is ridiculously minimal.

 You can expect to pay for what you get, as in any business transaction. A good bail company will cost you the 10% financed at a reasonable rate of payback and will follow your case until adjudication. 

Not only will your bondsman be an advocate for due process and justice while upholding the court’s authority. They will also be an advocate for you.

 

3. Own Recognizance                

 The least restrictive form of release is the own recognizance bond, otherwise known as the “O.R”. O.R. bonds are appropriate in cases of low-level, non-violent infractions. They are also appropriate for truly indigent defendants as long as conditions of community safety are addressed if these are pertinent to the crime committed or to the criminal history of the defendant. 

The Ultimate Criterion:

 Upon exploring the options of bond and pretrial release, the bottom line in this debate remains that community safety is a community effort. It is important that bail bond companies are held accountable for their actions and that they are not releasing people for pennies on the dollar to make a name for themselves. However, it is also important that judges impose appropriate stipulations on the release of a defendant charged with a serious crime. It is imperative to remember, in most cases, judges are elected officials and you, as a citizen have the right to elect who you feel takes community safety as seriously as you do.

 You also have a right to investigate who are the responsible bail bond companies in your community. If you think, one is acting outside the law, go to your local authorities and report it. I cannot repeat enough, community safety is a community effort. Like many issues we face today, it cannot be laid at the feet of one industry or any inanimate object. We are a culture that is constantly evolving and we are responsible for our own growth or lack thereof. 

 

Jeremy L. Nicholas

Nicholas Bail Bonds, owner

 When a loved one has been arrested, you can trust the team at Nicholas Bail Bonds to be quick, professional, and discrete in their service. Contact them at (417) 255-1109 to talk with a bondsman, or learn more by visiting the website. They will help you locate your loved one, and get them back home.

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