Proposed Law To Limit Pre Trial Release Program Applauded By Bail Bondsmen

Florida's Senate bill 372 is being applaided by bail bondsmen throughout the state. While critics claim it is a push by politicians to favor the bail bonds industry.  A similar bill failed last year, but Senator Ellyn Bogdanoff's new bill would limit the availability of pre trial release programs in Florida to indigent defendants. 

 

Currently, Florida laws allows counties to reease people without posting bail if they participate in some ancillary activities such as mental health classes, alcohol/drug testing and drug treatment.  In addition, the defendants must often wear ankle bracelets that allow their location to be tracked by law enforcement. Critics of Senate bill 372 say the current program helps reduce prison populations, at a savings of $85 a day.

 

While on the surface, these are accurate facts, the pre trial release program does not occur in a vaccum. It isn't simply a matter of taking someone out of jail and saving money. What happens when the pre trial release program participant doesn't appear in court. Law enforcement must be tasked with retrieving them. Keep in mind, they have no financial obligation to the courts to appear. Just a promise. However, someone posts a bond or hires a bail bondsman, there is real money on the line. In addition, if they don't appear in court, the bail bondsman (or the bounty hunter they hired) tracks them down at their own expense. If they aren't returned within the specified amount of time, the court keeps the bond. In addition, courts are paid fees to process the bail or bonding of defendants. 

 

While critics of Senate Bill 372 call foul on limiting pre trial release programs, the cost benefit isn't as clear cut as they make it out to be. A bail bondsman serves a vital and integral role in the judicial process which shouldn't be undermined by politics.  

Bail Bonds Related Crime Tops Ohio Enforcement

The Ohio Department of Insurance released their list of the top insurance enforcement actions and fraud for 2010. Bail bonds managed to secure one of the top spots, when Darryl Ables, an Indiana bail bond agent told an Ohio family he was able to write bail bonds for Ohio courts. The family paid him $100,000, which he then stole according to the courts. He was sentenced in September of 2010 to four years in prison and four years of community control on one count of theft by deception. Ables also was ordered to make restitution to the victims.

Bail Bonds Beat Down

Being a bail bonds agent provides individuals with a great degree of opportunity and privilege. Not only can they can earn a substantial living, but they have a tremendous amount of legal authority that has been bestowed upon them.  They are private individuals that have the ability to have people released into their custody from jail and in essence act as de facto jailers for the courts. With this privilege comes great responsibility. Sometimes the authority granted to those in the bail bonds industry is abused and unfortunately that reflects badly on everyone.

Now a pair of men associated with a bail bonds business in Minneapolis, MN have been arrested for crimes committed under the guise of bail bond agents. The two men have been accused of drug, gun trafficking and loan fraud. Police said the duo went by the name, "Beat Down Posse,” lead by Joseph Duane Gustafson Jr. and Troy Michael Neuberger. Police say they committed a series of violent crimes between 2005 and 2009 using the authority of bail bondsmen working for Gustafson’s Bail Bonds, Inc.

They allegedly went to known drug dealer residences and acted as if they were performing a fugitive apprehension. Once they gained entry inside they would allegedly rob and assault those present for their own personal gain. The criminal complaints accuse the group of stealing drugs from the victims and then trafficking firearms and illegal drugs for their own profit.