Bail bonds were instituted as a requirement for release from jail pending trial to help insure that individuals charged with crimes (defendants) would appear in court. The amount of bail required has historically been based on the crime the defendant has been charged with. Bail is set lower for lesser crimes and higher for the more serious crimes.
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A person who has been arrested and charged with a crime has a constitutional right to be granted release from custody on reasonable bail. This involves posting a sum of money or bond in an amount adequate to ensure that the person will show up at all court ordered proceedings.
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Bail bonds reform has been a hot topic in criminal justice circles for decades, but only recently have there been such renewed and forceful attempts to discredit and dismantle the commercial bail bonds industry in favor of other pretrial release programs governed by the court system. Behind these is the Justice Policy Institute (JPI).

Of the five methods of pretrial release, surety bail is the only one that is guaranteed by a third party and which pays the full amount of bond if the defendant doesn’t show up for court. This makes the third party surety firm much more likely to find the defendant and force his appearance in court, if necessary. Surety bail is the method in which a private party, usually an insurance company, financially guarantees to the court that the defendant will appear in court. A bail bondsman is a licensed and independent agent that has a contract with a surety company to back the bonds that he or she writes. As all of this falls under the umbrella of private business, no taxpayer dollars are needed to fund the business, unlike other pretrial release methods governed by the court system. Read the rest of this entry »

The bail bond experience can be a confusing and frustrating process for many individuals. Here at All-Pro Bail Bonds we work hard to make this procedure as simple and pain free as possible. Many find the cash-only bail bonds particularly confusing. Here are some frequently asked questions:

Q: Why are cash bonds enforced?
A: Cash bonds are set by the court for a variety of reasons, often times the judge requires a cash bond due to failure to pay a fine on a prior case, arrest on an out-of-jurisdictional warrant, and failure to appear before the court on a scheduled appearance. The court may require a cash-only bond in an attempt to secure a cash fine or ensure the appearance of a defendant. If the defendant or his family posts the bond, the court may opt to retain the cash as payment toward fines and court costs; for this reason, having an authorized third-party post your cash gives you a better chance of getting your money returned.

Q: What is the cash bail procedure?
A: Cash bonds may be posted at the Court during regular hours or at the jail, after hours. Cash bonds posted at the jail, must be paid with the exact dollar amount; the jail will not make change. For bonds paid for at the jail, it may take as long as two weeks before the Court receives the cash. It is important that the Defendant should carry their bond receipt to Court and inform the Judge that bail was posted on their behalf. Many times if the Court had not received the cash in time for the hearing they may attempt to arrest the defendant because there was no evidence of a bond being posted.

Q: Can I get my money back on a Failure to Appear?
A: A Failure to appear (FTA) is a charge issued by the Court when the Defendant fails to appear to a scheduled Court hearing. When the Defendant Fails to Appear, the Court will schedule a Forfeiture Hearing and issue a warrant for the Defendant’s arrest. Within 45 days of the Defendant’s no show, the Court sends a summons to the Defendant and Bond Poster (Bail Bondsman), notifying them of an Order to Show Cause hearing for Bond Forfeiture. If the Defendant cannot be located before the Forfeiture Hearing the bond will be forfeited. If the Defendant’s non-appearance was a result of a misunderstanding or unavoidable circumstance, the Defendant may be able to reschedule his/her missed hearing by contacting the Court and explaining their circumstance. If the Court is willing to reschedule, then chances are good the bond forfeiture will be canceled at the next hearing.

For more information: http://cashonlybailbonds.com/faqs.html

California – Beginning in 2011, California will establish a medical parole program for inmates who are comatose and physically incapacitated on a permanent basis. Gov. Arnold Schwarzenegger passed the bill, SB 1399 by Sen. Mark Leno, into law on September 29, 2010.

In a state of financial crisis, California has been seeking ways to reduce spending with a number of legislation initiatives involving the prison system. Currently, California houses the highest prison population in the United States and spends approximately $11,000 per inmate on healthcare (compared to $2,750 spent per inmate on healthcare in Texas). SB 1399 is projected to save the state approximately $46 million annually.

The medical parole bill exempts any inmate who has been sentenced to death, life without parole or those sentenced under the Three-Strikes-Law. The bill will include a screening process to make sure that public safety is not jeopardized by the early release of inmates. Thus far, California has identified 32 candidates for the program whose average annual healthcare and guard costs total almost 2 million per person.

Says Sen. Mark Leno, “I would rather keep 100 school teachers employed than continue to waste millions of taxpayer dollars on incarcerating 10 severely incapacitated inmates. Across the nation, 36 states, including Texas, have medical parole programs for inmates who are so seriously ill that they could not possibly threaten public safety. Especially given our fiscal crisis, it is time for California to do the same.”

http://articles.latimes.com/2010/sep/29/local/la-me-0929-arnold-bills-20100929