Bondsmen play role in justice system
The following is a Counterpoint:
By M.H. “Skip” Dalton
It appears the News & Record has finally realized what we bail bondsmen have been saying for so long. Too many people are being released with little or no bond. This means little incentive to go to court or stay out of more trouble.
According to the newspaper, Judge Turner says that jail overcrowding is a prime factor in determining bond amounts. But magistrates say that the jail population has nothing to do with the setting of bonds. Go figure. Bail agents believe that a larger jail will help solve only part of the problem.
With population growth comes increased arrests. More judges, prosecutors, clerks and courtrooms are added to accommodate the rise in cases. But a lot of defendants fail to appear because they have little reason to do so.
In years past, the bond reflected the crime. The more serious the crime, the larger the bond. We all know bond is not to be used as a punishment but as a guarantee for court appearance. But things have changed.
We bail agents see many times where a defendant is arrested on an order for arrest and released with a lower bond than the one he or she failed to appear on. Somebody didn’t bother to check the criminal history or didn’t use common sense.
We also know that some people need to remain in jail. Most reputable bail agents will not get out a person who habitually fails to appear so as to not inconvenience the court or the victims. But by the same token, we won’t bond out defendants if it is not economically feasible. The bond fee is what we use to track the ones who fail to appear as well as to live on. The bad economy is also a reason some in jail can’t come up with the bond fee or collateral to post bond.
When we bond someone out of jail, we can’t guarantee 100 percent that he or she won’t commit another crime or appear on the next court date. But if the bond is reasonable, we can reasonably guarantee he or she won’t commit other crimes because of fear of re-incarceration and financial loss.
And we, more often than not, will see the defendant is brought to justice if he or she fails to appear.
The writer lives in Greensboro and is part of Mid State Bail Agents Association.
Comments (1)
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Follow the money...Higher bonds, more money for the bondsmen. I'm inherently distrustful of anyone who profits from the criminal justice system. Corruption and abuse are rampant in the bond system.
Posted on May 17, 2008 7:09 AM