Bail Bond News http://www.goerie.com/apps/pbcs.dll/article?AID=/20090616/OPINION01/306169996/-1/OPINION21 Bail-bond system should be repaired Published: June 16. 2009 12:01AM The quests of bounty hunters and the adventures of crooks on the lam have inspired many a screenwriter, but there's nothing entertaining about the bail-bond situation in Erie County. As reporter Ed Palattella recently reported, county officials are now cooperating to figure out why Erie County hasn't been paid when criminal defendants jump bail. From 1999 to 2005, Erie County collected an average of $34,460 a year from forfeited bonds. In 2007 and 2008, the county collected only $250 each year. The drop in revenue from forfeited bonds came to light for two reasons. In a March report, County Controller Sue Weber raised questions about the drop in revenue. That same month, a man convicted of aggravated assault failed to appear for sentencing to state prison for his crime. He was free on $50,000 bond. "What's the sense of the bond person coming up with an amount and being on the hook for anything?" Weber asked. "What is the point of anteing up? My concern is the money and the integrity of the system." As Palattella unraveled the story, the drop in collection of bond forfeitures was related to a dispute about how the legal process was supposed to work. Erie County Judge John Bozza had determined that some bond-forfeiture proceedings required hearings. The Erie County District Attorney's Office wasn't sure it had adequate staff to handle such hearings. Now it looks like the right parties are talking to each other so that bond forfeitures can be processed as needed. Officials have stressed that the purpose of bond forfeitures isn't to produce revenue for the county. But when a family, friend or bail-bond agency is asked to put up a certain percentage of bond money to spring a defendant, citizens expect that the law will be followed and there will be consequences if the defendant flees. Other counties in western Pennsylvania have figured out how to handle bond forfeitures. Crawford County District Attorney Francis Schultz said his office requests forfeiture of bonds when a defendant jumps bail. In Allegheny County, a judge signs a bench warrant for a defendant who fails to appear; the bond forfeiture is included. In her March report, Weber said: "The county should be actively pursuing this source of revenue." But more than revenue is at stake. There's also the matter of criminals on the loose. Christopher Doty, 23, was free on $50,000 bond after his arrest for an April 24, 2008, beating that left Kyle Miles partially paralyzed and brain damaged. Doty was convicted, but he didn't appear in court when he was sentenced to nine-and-half years in state prison. His two codefendants are doing their time. "We will find him," promised Eric Barry, owner of Action Bail Bonds, about Doty. "You don't want word on the streets that you don't go after these people. No company wants that reputation." And no community wants criminals on the loose. |
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http://www.stclairrecord.com/news/219478-04-trespass-suit-against-bail-bondsmen-settles '04 trespass suit against bail bondsmen settles 6/10/2009 10:39 AM By Amelia Flood A case against bail bondsmen set for trial June 15 settled Monday, according to court documents. Madison County Circuit Judge Andy Matoesian was scheduled to preside. The case was brought in 2004 by Patricia Olson against Liberty Bail Bond Company of Morgan County, Ala. and two of its employees, William Garner and Cedric Coonrod. The Alton resident sought $50,000 in damages. Olson claimed that the two bail bondsmen violated Illinois law when they crossed state lines to remove Olson's daughter from her home. Olson's daughter was wanted on charges in Alabama in 2003. Olson claimed in her suit that the bail bondsmen should have known or knew that taking her daughter from the home was illegal under Illinois state law. She admitted she lied to them about her daughter's whereabouts and that her daughter had violated the terms of her release when she left Alabama for Illinois. Olson's attorney filed a motion to dismiss the suit due to the settlement Monday. According to the dismissal notice, all costs had been paid. J. Robert Edmonds is listed as attorney for Olson. Russell Meyer is listed as defense counsel in the court record. article Bond, bail make sure defendants show up Published: May 31. 2009 12:01AM Procedures for bail and bond are based on the Eighth Amendment to the U.S. Constitution, which prohibits excessive bail, and the Pennsylvania Constitution. The use of bond and bail is not meant to penalize a defendant, but to help ensure the defendant shows up in court. The Pennsylvania Rules of Criminal Procedure outline how the bail-bond system is supposed to work. In Pennsylvania, judges or district judges set bond, which a defendant makes by posting bail. In Erie County, a defendant can have a private person, such as a relative, post bail, and the bondholder gets the money back if the defendant appears at all court proceedings and the case is over. Private bondholders also can post property as bail. In the majority of the cases in Erie County, a private person who posts bail posts only a percentage amount, typically 10 percent. However, the bondholder is responsible for the full amount if the defendant skips bail. For example, a judge can set bond at $10,000 but allow a defendant to get out of prison if $1,000 is posted. The bondholder is responsible for the full $10,000 if the defendant becomes a fugitive. A defendant also can post bail through a bail-bond company, which keeps a set amount of money as a premium in return for posting bail. If a defendant fails to appear at a court hearing or otherwise violates the conditions of bond, a judge can revoke the bond and order the defendant to prison. If a defendant disappears, Pennsylvania law also allows authorities to seek forfeiture of the bond. In that case, the bail is turned over to the county, which can keep the money until the defendant appears. State law also lets the county keep some or all of the money if the defendant reappears, based on the circumstances of the case. For example, a judge can consider how much money law enforcement had to spend to find a fugitive. To seek a bond forfeiture, authorities in Pennsylvania must get court approval. The authorities must notify the defendant and the bondholder of the forfeiture action by certified mail. The authorities then must wait 20 days to execute the forfeiture notice and collect the bond money. -- Ed Palattella Setting bond Judges have flexibility with setting bail amount, type Tuesday, June 09, 2009 A pregnant woman appeared before Gregg County Justice of the Peace B.H. Jameson last month on a misdemeanor theft charge. She went into labor, and Jameson allowed her to leave on her word she would return for trial. Health circumstances leading to a personal recognizance bond proves how a multitude of factors contribute to how judges set the bonds of people suspected of a crime, Jameson said. Gregg County Justice of the Peace B. H. Jameson sets bonds via video this past Wednesday from the jail at the Gregg County Courthouse in Longview. Not all offenses are created equal, and the specifics of the crime play a heavy role, Jameson said. Classes of misdemeanors and felonies bring their own minimum bond guidelines, which vary by county and do not necessarily have to be followed. Jameson, whose precinct includes Longview, said he sets more criminal bonds than any other judge in the county — anywhere between five and 30 bonds a day. "You play with it and try to be as fair as you can," Jameson said. "A bond is not a punishment. It's to make sure they come back to trial." Because of this, judges can consider whether a person is a flight risk. Rusk County Justice of the Peace Bob Richardson said he has had defendants who owned an airplane, making them literal flight risks. The bonds for those defendants are often higher than for people less likely to leave the area. The seriousness of the offense connects with another factor often taken into account during arraignments: protecting the community. Richardson said keeping suspects in jail can prevent them from hurting others or themselves. "If you've got a serial killer, you don't want him running around," Richardson said. "So you can set (his bond) as high as you want." Some suspects, such as people charged with capital murder or who are held on a state warrant, can be held without bond, but the vast majority of defendants have a bond set, Jameson said. Judges might raise or lower a defendant's bond based upon the recommendation of the district attorney's office. Bonds for certain crimes have changed over several years. Jameson said many judges now set higher bonds for drug crimes, especially controlled substances. Upshur County Justice of the Peace Lyle Potter said defendants who can afford hundreds of grams of cocaine can afford a higher bond. "There's not tolerance for (drugs) for me, and that's reflected in the bond," Potter said. After a bond has been set, defendants can pay a bail bondsman to cover the costs and get them out of jail. Bondsmen typically charge defendants between 10 and 20 percent of the bond, said Frank Odom, owner of American Bail Bonds. After the defendants leave jail, it is the bondsman's responsibility to have them back in court for their trial. http://www.news-journal.com/news/content/news/stories/2009/06/09/06092009_setting_bond.html?imw=Y |
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