Orange County Bail Bonds Blog - Santa Ana Bail Bonds

Bail Bonds and the Blame Game over Jail Overcrowding

May 3rd, 2013 written by Bob Miller

Bail bonds are an essential pretrial option offered by a bail bondsman in most states. Only four states, Illinois, Kentucky, Oregon and Wisconsin, prohibit this option and are experiencing a much higher level of county jail overpopulation and higher costs for taxpayers covering the housing fees. Those defendants are stuck in jail, pending trial dates. The very nature of state statutes that disallow commercial bail bonding companies dictates a larger number of people without the money to pay the expected fees to the county they are jailed in. This creates the misguided assumption that all people in jail are guilty and shouldn’t be allowed the freedom between the time arrested and their scheduled court case date. Those that are considered non dangerous could be released if the laws abolishing commercial bail bonding were overturned.

The other circumstances those four states are creating is the ease of bail jumping and landing in any of those states to evade court. This further works against the bail bondsmen, bounty hunters, and insurance companies and court systems. Making them unable to capture and ensure their return to court, per the agreement. Bail bonding companies should ensure their agreements restrict bonded individuals from running to these states as a breach in the contract and immediate recovery via the secured funding or property. This could further reduce the 30% that never appear in court.

States with pretrial services are the states with overcrowded jails, increased costs in housing people till trial date and lack the availability of bonding out after assessing their level of risk. L. A. County in California has more issues with transporting due to the distance of over 800 miles and inmates housed in county jails till transportation is arranged. Is that figure and problem part of the misrepresented “finger pointing” at bail bonding agencies rather than inefficient transportation issues that accommodate a large number of defendants going to majorly distant prisons?

All four states recoup fees from the government at a much higher rate than states that do allow commercial bail bonding. So is it the fact that those four states are financially benefiting from this; while excluding free enterprise that ensures lower rates are necessary to house defendants and inmates. Understanding there are other contributing factors to overpopulated county jails, also clarifies that there is greater reduction in costs for states allowing bail bondsmen agents.

Allow people the option and alternative to bail out rather than sit in jail for days or months, leading up to the trial date. Free enterprise is necessary to ensure the option. It creates a valid financial reason for defendants to appear in court; while ensuring their freedom and innocence till proven guilty. Commercial bail bonding is a business that also contributes to the community, the state and insurance companies and the court’s ability to collect fees from those defendants. It further reduces the necessary costs states require as reimbursement for housing, as well.

Posted in Orange County Jail | No Comments »

Bail or Jail for the Blade Runner

February 23rd, 2013 written by Bob Miller

Oscar Pistorius also known as “Blade Runner” because of his accomplishments as the first double leg amputee to participate in the Summer Olympics, was charged with the premeditated murder of Reeva Steenkamp on Valentine’s Day this year. His daily court appearances before a South African magistrate displayed the emotional impact and toll to all parties involved, including a stunned following who celebrated the determined athlete during the Olympics. Yet, just as stunned were the fans who embraced his reality show girlfriend for her beauty and charm.

South Africa and the United States have two different justice systems, yet when the chief magistrate granted Pistorius bail of 1 million rand or $113,000 in US Dollars, the decision showed a fundamental value that many countries hold regarding bail. The magistrate said Pistorius also must hand over his passports and turn in any other guns that he owns. Pistorius cannot leave the district of Pretoria without the permission of his probation officer. Nor can he take drugs or drink alcohol.

South Africa’s court system takes root in Roman-Dutch law. Defendants have no option of a jury trial, which is common in the United States and other countries. A single judge hears the entire case and then rules on a person’s guilt or innocence. The judge can be assisted by two advisers who can offer assistance in viewing the more technical aspects of the evidence during the trial. If found guilty, a person can later appeal the ruling or sentence. South Africa abolished the jury system in the 1930s because of racial politics. Only white people were allowed to sit on juries and there was no hope of black defendants being given a fair trial.

In the U.S., the Sixth Amendment to the Constitution, much like the English Habeas Corpus Act of 1679, requires that a suspect must “be informed of the nature and cause of the accusation.” This allows a suspect to demand bail if accused of a bailable offense. Bail laws vary somewhat from state to state, but generally, a person charged with a non-capital crime is presumptively entitled to be granted bail. Some states have enacted statutes modeled on federal law that permit pretrial detention of people charged with serious violent offenses, if it can be demonstrated that the defendant is a flight risk or a danger to the community.

For all the sensationalism the “Blade Runner” case has generated, and no doubt will continue to generate, it must not be forgotten bail is a highly sought prize not only in court cases in the United States, but around the world. The pre-bail experience can be troublesome to anyone. No matter who the accused is, there is a constant need for a support system through legal assistance and a qualified bondsman. This is especially true in the U.S. where bail bondsmen have worked for years to professionally serve and deliver for their clients.

Whatever we take away from the “Blade Runner” case, we should realize the court system can be a lonely place for the famous and unknown. We should remember legal proceedings are hardly a big show, much less in a heart-wrenching case.

Posted in Bail Bonds News, Celebrity Bail Bonds | No Comments »

Getting Arrested Can Happen to Anyone So Be Prepared

January 14th, 2013 written by Bob Miller

Getting arrested is typically something most people don’t plan on happening. However if it does happen to you, there are some things to keep in mind that may help you deal with the situation.

First off resisting arrest regardless of cause or reason for the arrest may lead to more serious charges and less likely the officer will provide further information on the reasons for the arrest. Try to remain calm and listen to the officers instructions while trying to gather as much information from the officer as to the reason and cause for the arrest. Perhaps the only legitimate reason to resist an arrest is if the person making the arrest does not appear to be a police officer providing proper identification which leads you to suspect the person is impersonating an officer. Make sure to get the name and badge number of the officer making the arrest for that reason.

If ultimately the reasons for your arrest are not justified as determined by a judge or court of law, the actions and information provided by the officer at the time of the arrest may be the basis upon which you can file charges against the officer and/ or police department for false or unlawful arrest. This happens more often in the case of an arrest by a private security guard where there is insufficient evidence or just cause to physically detain someone, such as in the case of shoplifting.

You have the right to remain silent if you are arrested because what you say can be used against you in a court of law. You have the right to have an attorney present if the officer decides to ask you any questions or conduct an investigation. The only person you should talk to or give information to is a lawyer. At that time the lawyer will look over information and protect you in any way needed as well as help get you released from custody. Make sure that you have a lawyer in mind that you can contact in case this happens to you or a loved one.

After you are arrested they will get your finger prints and then book you. They will take your pictures and then put you in a holding cell. If you have done nothing wrong, they will release you within 24 hours depending on the situation. If they arrested you for a specific reason, you will be transported to the jail, and then the next business day you will see a judge. At this point you can be held in jail for a few months before a hearing and at that time is when you can post bail to be released until the court date. Contact a Bail Bond agent to help you sort through the process and get out of jail.

Posted in Arrested Orange County, Legal Information | No Comments »

Bail Bond Agents Available To Help

December 13th, 2012 written by Bob Miller

Ever have someone who was at the wrong place at the wrong time? Do you have a loved one who is in jail, and you don’t know what to do? A Bail Bonds company can help you in more ways than one. We’ll go over what they do, how they help and what you need to know before you use a bail bondsman.

A bail bonds agent is a person who puts forth the money to bail a person out of jail. Bail bonds as a business started in America in 1898 by Peter McDonough and his brother Tom in San Francisco. When dealing with a bail bonds agent, there is always a contract to go over and sign. A person will want to make sure they fully read and understand this agreement before signing it. Once it is signed there is no backing out and is held fully responsible for keeping up their end of the contract. A licensed bail bonds agent has a contract with the local courthouse. This allows them to bail or release a person from police custody when the bail that is set by the court is posted by the bail agent. In this agreement with the bail bond agent, the person agrees to show on all of their dates in court. Bail is set and paid as a guarantee that will occur and if not the money is forfeited to the court.

When starting the contract with the bail bonds agent, the person signing is required to put down an initial payment to get it started. Normally this requires 10% down depending on the bail bonds company the person is working with. This down payment can be in cash, assets like property or vehicles or some of both to meet the down payment. This is the one thing that is required before the bail bonds company will bail the person out.

There are a few reminders when dealing with this type of company. If the person who is bailed out of jail does not show for court, the bail bonds company will take two different actions. The first they will come after that person and put them back in jail. If they cannot find this person, they will go and take all the money required for bailing that person out from the collateral provided in the agreement, including any property that was put up when the contract was signed. This means that they can take your home as payment, your vehicle and lots more. If a person does this, they need to make sure the person bailed out stays on top of everything and never misses a court date; otherwise it can hurt you more than them.

Posted in California Bail Bonds, Santa Ana Jail | No Comments »

War on Public Safety and The Bail Industry

October 27th, 2012 written by Bob Miller

The Justice Policy Institute (JPI) has declared a War on Public Safety by going after the commercial bail system. Bail is an Eight Amendment right which protects the “innocent until proven guilty” from being held in custody, on excessive bail, prior to trial. JPI suggestions sound very altruistic and “warm and fuzzy”, but the truth is that their plan will put more and more of the public in danger from the criminal element, while costing U.S. Tax Payers millions of more dollars; at a time when our governments are already near, if not in, bankruptcy!

Dr. Dennis A. Bartlett, Executive Director of the American Bail Coalition has summarized this attack, exposing the lies and misrepresentations of the JPI claims:

There is a war being waged on the criminal justice system. This is a war being funded by government agencies on the bail industry. A war being waged with taxpayer dollars against the bail industry that produces revenue for states and local communities. A war being waged that adversely impacts our communities’ public safety interests.

Did you know that violent career criminals are being released from jail on nothing but a promise to return for their court dates?
Did you know that your tax dollars are used to fund these releases?
Did you know that almost 30% of those people released on a “promise” never show up to court?
Did you know that no one goes after those people to bring them back?
Did you know that the only way these persons are returned to custody is when they are ultimately re- arrested for additional crimes…thus creating another crime victim in the process?
Did you know that there is a method of pretrial release that doesn’t cost taxpayers anything?
Did you know that there is a method of pretrial release that ensures that 99% of those released make it to court…and that for those who do not make it to court, it pays a financial penalty to the county?

If you answered “No” to any of the above questions, then you will want to read the following document. Over the past few months, The Justice Policy Institute has released two separate whitepapers designed to criticize and attack the commercial bail bonding industry, or “Money Bail” system as they refer to it. Both of these so called “research” documents are not only riddled with anti-bail propaganda, but also are filled with misinformation, unchecked facts and baseless claims against private businesses. Even simple things like the names and locations of specific counties are misrepresented (i.e., Broward County Texas…there is no such county). In response, the American Bail Coalition (ABC) thought it important to clarify and correct the many misrepresentations found in these publications. This document is a critical analysis of the two JPI whitepapers. It points out the many deceptions being promulgated by JPI, and also provides real facts, quotes and statistics that support the existence of commercial bail bonding as the most effective form of pretrial release. We have identified 18 key deceptions in the JPI documents. Each of these deceptions is identified and responded to with what we call a “Bail Truth.” Also provided at the end of this document, as an Appendix, is a list of questions that every citizen, county commissioner, judge, law enforcement official, legislator, etc. should be asking about their county’s Pretrial Service Agency. From the risk assessment methodology they say is being used to how their performance is measured, we think that every taxpayer and community member has the right to know these things. More Information on the War on Public Safety from the American Bail Coalition

Posted in Bail Bonds News, Legal Information | No Comments »

George Zimmerman Bail Bonds Hearing This Friday

June 26th, 2012 written by Bob Miller

Back in the early 90s, Rodney King plaintively asked “ can’t we all just get along?” Rodney King who recently passed away, you’ll recall, was the black man beaten by white cops in Los Angeles whose acquittals in the court system touched off devastating race riots in that city. Once again, it seems, our country is polarized along sides of racial divide in the Trayvon Martin murder case. The shooter in the case, George Zimmerman (portrayed variously as White, Hispanic, or White/Hispanic), used the court hearing for his bail on April 20, to apologize to the family of his victim, which has set off even more controversy.

Bail was set in Orange County court at $150,000 after Mr. Zimmerman was formally charged with second degree murder for the shooting death of Martin nearly two months ago. On opposing sides of the controversy are racial profiling (Martin was Black) and the “Stand Your Ground” law that permits lethal force if there is a threat of injury or death. The family of Trayvon Martin claim that Zimmerman staged his apology to them as an attempt to influence his bail being set, as it was almost two months after the shooting.

Supporters of Zimmerman claim that he was merely responding to the questions posed publicly by Martin’s mother, Sybrina Fulton, ( “are you sorry? did you know he was unarmed? did you know how young he was?”). Publicly is where the case is already being tried, with opposing views being expressed and aired on countless blogs, talk shows, and panels around the country. The judge in the case is not making a statement regarding Zimmerman’s guilt or innocence; rather, by granting a bail bond, he’s expressing his confidence that the defendant will show up for court, that he doesn’t pose a threat to the community at large.

Mark O’Mara, Zimmerman’s lawyer, filed a motion for this Friday’s bail hearing , when O’Mara will again try to secure his client’s release pending trial. A trial date has not yet been set. In a Motion to Set Reasonable Bond, O’Mara argues Florida’s state Constitution practically requires Zimmerman’s pretrial release.

Twenty years later, as another racially divisive incident has galvanized our country, the late Rodney King summed up his feeling at a recent panel in Los Angeles: “and remember one thing- yes we all can get along” .

Posted in Bail Bonds Crime | No Comments »

Bail Bonds is the Answer to California’s AB 109 Jail Overccrowding

December 18th, 2011 written by Bob Miller

On October 1, 2011, California’s new realignment plan Assembly Bill 109 or AB 109 took effect, beginning a transfer of more than 30,000 state inmates to local county jails and supervision. The idea is that shifting prisoners from overcrowded California state prisons will save money, however the effect of this change will lead to jail overcrowding and increase the costs of local law enforcement already stretched too thin. According to an LA Times story on Nov. 11, Los Angeles County’s jails could run out of space as early as the next month due to realignment

Despite these added responsibilities, counties have not been guaranteed long-term funding for the Realignment Plan. In fact, existing monies will run out in June but this fact does not relieve them of their new obligation to house and monitor these new felons. The private bail industry has been a valuable part of the criminal justice system for more than 100 years — guaranteeing that defendants released from jail show up at their required court dates to ensure that justice is served, and doing so at no cost to taxpayers. Bail can and does help relieve jail overcrowding. Surety bail preserves constitutional rights, and doesn’t pass the cost onto California taxpayers.

Compared with other alternatives being considered to deal with jail overcrowding, including GPS tracking and released on own recognizance, surety bail is more cost effective because it can save counties millions of dollars every year on the high cost of managing, tracking and apprehending fugitives. Bail provides financial accountability for the defendants and helps build a support network by requiring friends and family members to co-sign and put up collateral for the bond. Studies show that defendants released on bail are more likely to appear in court and less likely to commit crimes while awaiting trial.

Faced with limited funding and the need for increased offender accountability, bail offers a viable solution as a proven, tested, cost-effective tool that protects taxpayers and public safety.

Posted in California Bail Bonds | No Comments »

Lindsay Lohan LA County Jail Bail Saga Continues

November 28th, 2011 written by Bob Miller

Looks like overcrowding at the LA County Jails has allowed Lindsay Lohan to receive a get out of jail card in her most recent game of Crime and Punishment with the LA Superior Court. Lohan, the child actress and now famous bad girl who has recently posed for Playboy, served only 4.5 hrs of a 30 day sentence for violating probation in a DUI case and theft of a necklace. The 25-year-old actress was booked into the Century Regional Detention Facility in Lynwood California at 8:58 p.m. and was seen leaving in a chauffeured Escalade a little past 1:30 a.m. According to Sheriff’s Department spokesman Steve Whitmore, Ms. Lohan will be booked and released because she is a nonviolent offender with a less then 90 day jail sentence. Also noting that overcrowded conditions at the LA Jails means less room for those less serious offenders regardless if they are celebrities or not.

This is not the first time she was released due to overcrowding. Back in 2007, she was charged with seven misdemeanors, sentenced to rehab, 36 months probation, 18 months alcohol education, 10 days community service and one day of jail. When she reports to the same facility for her 24 hour stay, Lohan is released after 84 minutes due to overcrowding. Lindsay’s legal programs began in May 2007 with a DUI and possible cocaine possession charge. In all, she has paid $615,000 in bail since that time for a variety of charges ranging from felony grand theft to violating the terms of her probation. In this most recent incident, her probation was revoked for failing to perform her community service obligations and a $100,000 bail bond is issued and posted. In all she has had a total of 5 jail sentences since 2007.

If she meets all the terms of her probation which includes 480 hours of community service currently being done at the County Morgue and attend therapy sessions, she will be done with her probation for her 2007 DUI and 2011 theft charges by April 2012.

Posted in Celebrity Bail Bonds, Los Angeles | No Comments »

Overpopulation at Los Angeles County Jails

November 26th, 2011 written by Bob Miller

Based on current projections, Los Angeles County jail may be out of space for new inmates by as soon as next month. Higher than expected booking of state prisoners is one of the major causes. Los Angeles County booked more than 900 state prisoners versus the expected number of 600 as a result of transfers from state prison. Due to a United States Supreme Court decision that went into effect not long ago, requires the state of California to reduce its prison population by 30,000 due to overcrowding.

In some counties the counts are even higher. Orange County jails received more than double the amount of prison transfers. Kern County released 50 parole violators last month because of an over capacity jail system. This combined with fact that 70% of Los Angeles County jail inmates are awaiting trial because they were unable to make bail. Judges do have certain amount of discretion based on the facts and nature of the charges in the amount of bail that is set for a defendant. The side effect of the trend to set higher bail amounts together with a congested court system means that more defendants will spend time behind bars at the taxpayers expense before their trial date.

LA County Jail officials are scrambling to come up with alternatives to incarceration. Diversion to drug treatment programs and GPS electronic monitoring are the top of Sheriff Lee Bacas list of options currently being explored for LA County. In addition with the current strains and cut backs on state funding for criminal justice systems in California, opening more beds or building more prisons and jails is highly unlikely in light of the economic downturn. Of course those defendants that are out of work, in foreclosure or returning veterans without a stable financial base are more likely to have problems making bail. Considering the current situation in Los Angeles, the court system needs to rethink its use of bail and the role it plays to both protect and serve the needs of taxpayers in the state of California.

Posted in Los Angeles | No Comments »

Daryl Hannah Gets Bailed Out of Jail for Tar Sands Protest

September 30th, 2011 written by Bob Miller

Actress Daryl Hannah was bailed out of jail recently after refusing to move off the sidewalk in front of the White House, where she and other protesters were gather to demonstrate against a planned oil pipeline which purportedly will run from Canada to the U.S. Gulf coast.

The actress, known for her work in such movies as “Splash” , “Roxanne” and “Kill Bill” has been arrested and bailed out of jail for protesting other environmental causes such as the destruction of a Los Angeles California urban community garden in 2006, and again in 2009 for a mountaintop removal in West Virginia. Many consider the tar sands project to be an environmental disaster in the making, both for Canada and the US. Oil extraction methods in Canada would create extensive damage to the forests where the oil is located. In the US where the pipeline would cross the entire vertical length of the US, oil leaks would be more toxic to the environment than those that occur offshore.

Say what you will about her acting career. Personally, I find it refreshing that a celebrity is using her star power to draw attention to a cause bigger than herself as opposed to the many ‘celebutantes’ who end up being jailed and bailed for drug and alcohol abuse who then rant about their supposed violation of entitlement.(yes you: Charlie,Lindsey,Xtina!)

Daryl, the next time you need a bail bondsman, give us a call. We’ll give you a special “save the planet” rate,okay?