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A BRIEF, BUT FASCINATING AND FACTUAL OVERVIEW
OF BAIL
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Bail is security
deposited with a court in order to obtain the release of a defendant
to guarantee that the person will appear to stand
trial.
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Depending upon the state, a bail agent's bond is a
contract guaranteed by a surety insurance company or by personal
property assigned to the state. |
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Bail is guaranteed by the 8th and 14th Amendments
to the United States Constitution. The founding fathers
laid the basis for the Bail Industry in our Bill of
Rights. |
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In 1998, private bail managed more than 2.5 million
people through the criminal justice system in the United
States. |
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Private
bail produces the appearance of more than 93% of its clients in court at
time of trial and more than 99% ultimately. The bail agent is
personally and financially responsible to the court. |
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Private bail helps keep our court systems running
efficiently by ensuring the appearance of the
defendant. |
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Bail operates at no cost to the taxpayers. It
is the original public/private partnership. |
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Professional bail agents are generally small
business owners, running family owned companies.
Forty-five percent of bail agents are women. |
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Bail agents are licensed by the authority of the
states in which they operate. While laws in each state
may vary, there are specific criteria agents must meet in order to
retain their licenses. |
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Bail enfororcement agents are non-licensed
independant agents. They specialize in the retrieval of
"skips" - persons who have skipped bail. |
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While
the number of self-proclaimed bounty hunters may be growing, it does not
follow that their use by licensed bail agents is increasing.
Florida prohibits retrievals by bounty hunters. Mississippi,
Colorado, Nevada, North Carolina, Indiana, Connecticut, Arizona,
California, and Tennessee are among several states that have adopted laws
regulating retrievals by bounty hunters. These laws were
passed with the full support and involvement of the licensed bail industry
in these states. |
A bail bond is an appearance bond, a document
of obligation placed with the court to secure the release of a
defendant. This bond guarantees that a defendant will appear
in court whenever, and as many times, as the court demands until the
charge or charges stated on the bail bond are adjudicated. If
the defendant fails to appear before he court as instructed, the bail bond
becomes due and payable to the court for the face amount stated on the
bail bond.
Bail bondsmen do all of the
following:
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Save money -
We actually save taxpayer dollars by
reducing the population in the already overcrowded jails and the daily
costs associated with them. By some estimates, to house an inmate
costs $35 per day. This cost translates to millions of
dollars in annual savings.
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Save families -
We also save families by allowing the
accused to return to work and continue supporting his/her family while
awaiting a court date. Many of these families live from
paycheck to paycheck and would suffer substantial financial setbacks if
their spouses were forced to remain incarcerated for months while
waiting for their court appearance. These same individuals
would also tend to forget their court dates if they were not concerned
about being back in jail without bond by the bonding
company.
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Provide jobs -
Yes, we provide jobs for people who pay
taxes and support families. All at no cost to the
taxpayer.
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Ensure the public that individuals
out on bond actually appear in court to answer for their charges -
The right to bail in criminal cases is
guaranteed by the Constitution of the United States, Article 1,
SS20. Its objective is not to be a revenue measure in lieu of
fine, or one to punish sureties. It is meant to ensure the
appearance of the accused before court by a bondsman diligent in
returning the defendant to the court's jurisdiction. State
v. Mullen, 66 Wn. 2nd 256, p.22d991 (1966). When bondsmen return
bail skips to court, they are keeping our streets safe by not allowing
criminals to remain there. |