Bail Agent Blog

Proof that bail has its place within our justice/legal system because it works!

Sean Cook — Fri, 04 May 2012 00:14:24 +0000

In the news lately there has been a great deal of press about the “broken bail system” in Philadelphia, PA. In fact, the system is broken to the tune of $1 billion! OUCH! What makes this number so high? Apparently, this number is off the charts because of close to 50,000 long-term bench warrants for offenders that “skipped bail”, uncollected forfeited bail bonds, witness threats, and failure of the criminal justice system to enforce accountability for criminal offenders.

At the beginning of April 2012, as stated by the First Judicial District of Philadelphia, Administrative Governing Board, they released a new order known as the “Administrative Order No.01 of 2012”. This order cites that historically the ‘failure to appear rate’ for defendants has been around 30% in the lower courts, leading to the issuing of over 60,000 bench warrants for the same reason. This is just a sampling of the problems that emphasize the ineffectiveness of a “one-size-fits-all” 10% deposit bail system and Taxpayer-Funded Pre-Trail Release Program, which was created to support criminal offenders unable to afford bail, but still allow them the be released from jail prior to their court hearing.

The key element that caused this system to fail has been the lack of accountability because of the inability to enforce the failure to appear rate is the ‘lack’ of manpower within the cities police force. They just can’t do what the private sector, bail bondsman, can do. Bondsmen absorb the risks, the time and the expenses to apprehend bail skippers, plus, their function within the judicial system doesn’t cost anything to local taxpayers, as does everything managed by local government.

After a three year review period, it was concluded that re-introducing the commercial bail bond into the justice system in Philadelphia would have a positive effect on the accountability factor, which was missing for these past years by providing no incentive for administrators to do their job, nor any penalty for failure to control the ‘no show’ rate and collection of forfeited bail bonds, desperately needed by the city.

Philadelphia is now looking at an immediate positive impact on the failure-to-appear rate and the collection of forfeited bonds by relinquishing the responsibility to the bail industry who knows how to work the system to everyone’s advantage.

As the owner of a bail bond company in California and the current president of the Orange County Bail Agents Association in Southern California, I truly believe that Philadelphia will see a complete turnaround in their justice system in a short period of time. They will regain control and go from being in the red to being in the black with a much better rate of appearances related to pre-trials!

Zimmerman’s Donations to Website totaled $200,000

Sean Cook — Fri, 27 Apr 2012 20:17:43 +0000

There is likely not one person in theUnited Statesthat is not aware of George Zimmerman in connection with the Trayvon Martin killing inSanford,Florida. This incident sparked rallies all over the country in support of the alleged “wrongful death” of this unarmed teenager on February 26, 2012. The rallies were mainly focused on the fact that Zimmerman had not been arrested, until recently, for this crime.

Zimmerman had to have realized that it would just be a matter of time before he would be charged with this crime, which he claims was self-defense. He actually created a website (TheRealGeorgeZimmerman.com) prior to his arrest, asking for donations through a PayPal account, obviously knowing that he would need legal representation. He was finally charged with second-degree murder on April 11, 2012, and released on $150,000 bail.

Thursday, April 26, 2012, Mark O’Mara, Zimmerman’s attorney, was interviewed by Anderson Cooper on CNN and talked about the minimal amount of money he had, but then learned that Zimmerman, just days before he was charged, had created this website asking for donations and upon shutting down the site, realized that he had received donations totaling $200,000 in the PayPal account.

O’Mara also stated that he intended to create a legal defense fund for Zimmerman because this type of case could cost upwards of $1 million, and that they have already received additional donations.

If I were to guess, this will be the biggest, most viewed trial of 2012. The prosecution has to create a defense that will defuse the Florida state law that’s known as “Stand Your Ground.” There are two issues that have been reported that stand out in my mind that the prosecution will probably stress; 1) that the 911 dispatcher instructed Zimmerman NOT to pursue Martin and that that they would send a patrol car to the community, and 2) that Trayvon Martin was unarmed and talking to his girlfriend when he realized he was being followed and told her that he was scarred.

This could be as interesting as OJ’s trial because there also could be racial profiling injected into the prosecutions defense. The outcome remains to be seem, but I’d love to hear your thoughts on this case, so please share.

George Zimmerman looking for funds to support his defense.

Sean Cook — Wed, 11 Apr 2012 23:06:24 +0000

It seems that George Zimmerman has still not been charged or arrested in relation to the shooting death of Trayvon Martin. However, he has retained an attorney and is now seeking donations to pay for his defense by creating a website and PayPal account, claiming that he has lost everything as a result of this situation.

What I find interesting is that Zimmerman is still a free man and has he been required to take a lie-detector test. The other thing that disturbs me is that he was told specifically by the police dispatcher “not to follow or pursue” the victim, but he chose to ignore the directive and take the situation into his own hands. What we don’t really know is if there was a ‘situation’ to pursue, or if his prejudice drove him to create a problem that didn’t really exist.

Under the circumstances, if they arrested Zimmerman for the alleged crime, they would probably allow him to post bail because they are not sure if it was self-defense or not. This is what his attorney will have to prove, and the audio of voices they claim is Zimmerman pleading for his life, must be proved to be his voice, as well.

This case has sent a title-wave across the nation and an outcry for equality and justice for all. It is a crime in itself that in the 21^st Century, we are still battling racism and prejudices. We are all people just trying to survive in a world that has forced us to scramble for a dollar, which, for the most part, is not our fault, but the results of the greed of the financial world that appears to control our lives more than we ever realized.

I believe that prejudice is an attitude passed down through generations of families. The truth is that we are all the same on the inside and it’s time that we all start working together to survive and flourish, rather than continue to be separate and work against each other. This world is a much smaller place with technology connecting us and our thoughts. We should allow this new age to make the world closer and more able to help each other, rather than continue to look for ways to hurt each other. I can only hope that justice will prevail and the truth will come out and we will learn to live in peace with our neighbors.

P.S. – On April 11, 2012 – Lawyers connected to George Zimmerman have publically stated that they are not currently representing him. While Zimmerman contacted them for advice early on, they have not heard from him since, and have not received any response from him to all their attempts to determine if he is interested in having them represent him in this case.

P.P.S. – Today, April 11, 2012, George Zimmerman has been formally charged with second- degree murder and turned himself in voluntarily.

Wisconsin Attorney charged with alleged sex crime held on $150,000 bail

Sean Cook — Wed, 04 Apr 2012 22:15:07 +0000

Manitowoc, WI – Joseph M. Engl, 36, a Manitowoc attorney, is a registered sex offender living in Sheboygan, was arrested on March 29, 2012 and charged with several felonies in an alleged sexual assault of a child that occurred in November 2011.

Engl was officially charged with: child enticement-sexual contact, using a computer to facilitate a child sex crime, 3 counts of second-degree sexual assault of a child and failure to update information as a sex offender. Based on these charges a maximum of 118 years in prison could be in store for Engl. And to really put the icing on the cake, he has been a registered sex offender living at his home in Sheboygan, but it turns out that he has been living in an apartment in Two Rivers, which violates the law as related to a sex offender.

Plus, back in 2004, Engl was charged with a computer-related sex crime in the county of Milwaukee, at which time he pleaded guilty and was granted 4 years probation. For this current series of sex-related crimes, he is being held on $150,000 bail, with the condition that he does not have contact with a minor child less than 18 years of age.

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You would think that an attorney, who is supposed to know the law and that he could be caught, especially using a computer to commit these crimes, would know better. He might have even defended people like himself. Are these urges so out of control that he forgets or dismisses the risk of being caught? Or, is the challenge of the process his driving force?

Obviously, this man needs some serious therapy. This goes back to protecting our children, even teenagers, who think they are invincible. We need to monitor the use of computers by our kids and check on them when they are alone in their rooms. They may find us annoying, but, as a parent, I’d rather be annoying than have something serious happen to my child. I know that someday they will thank me for being there for them and concerned for their safety.

What are your thoughts about this?

Huge rise seen in ICE cases released on bail in Texas

Sean Cook — Mon, 26 Mar 2012 20:31:59 +0000

The Houston Chronicle recently reported that hundreds of thousands of illegal immigrants have paid $977 million in bail bonds to U.S. Immigration and Customs Enforcement (ICE) over the past six years – allowing them to go free until their deportation cases are decided.

The money reflects a roughly threefold increase in the number of people granted bond since 2006, enabling at least 209,163 potential deportees to avoid detention and go on with their lives as they await their legal fate, according to ICE data obtained by the Houston Chronicle.

Federal authorities contend that this practice cuts the costs of detention in potentially protracted deportation cases, though not all bail recipients abide by the detailed terms of their releases. Of the $977 million paid since 2006, the federal government has seized at least $167 million in breached bail bonds from thousands who either failed to appear for legal proceedings or voluntarily left the country.

U.S. Rep Ted Poe, R-Humble, a long-standing immigration conservative, labeled the spike in bonds “administrative amnesty” and said the increase has pushed illegal immigrants to the streets, “some of which go on to commit further crimes.”

“The law is the law,” said Poe. “It should be enforced all of the time, not some of the time.”

Immigration judges and ICE agents decide whether to grant bail to illegal immigrants. Generally, they qualify for bail if they have no criminal convictions, have not been previously ordered deported, and can demonstrate that they pose no flight risk or threat to public safety.

The ICE situation has been an ongoing issue for many years and it should be known that many immigrants are in the U.S. legally, but at some point, when their visa’s have expired, they forget to address the situation before that happens, which puts them at risk of being arrested.

The fact that the bail industry in Texas is left with such a large number of breached bail bonds is a very disturbing situation because bail bondsman are responsible for the entire amount of the bond if an immigrant can’t be found or has left the country. This could put many bail bond companies out of business, after helping these people out of a jam and giving them the time to take care of their affairs.

Do you have an opinion on the subject? If so, I’d like to hear about it.

Affidavit: Texas Felon who impersonated police officer was employed as a bail bondsman

Sean Cook — Wed, 21 Mar 2012 20:04:13 +0000

A convicted Texas felon accused earlier this year of impersonating a police officer now faces more charges after investigators learned he was employed as a bail bondsman, with no license or certification, and had apprehended at least three fugitives, according to court documents.

Randy Lee Nolen, 43, of Hutto, currently jailed in Williamson County, now faces charges in Travis County, including carrying a prohibited item in a courthouse, unauthorized contacts with a bail bond surety and violating state arrest warrant execution laws.

Nolen is already a convicted felon and is on parole in Travis County until 2014. In January, he was arrested in Williamson County and accused of carrying guns and body armor, and impersonating a police officer.

Court documents filed in Travis County on Monday indicate that Nolen was employed as a bail bondsman by 57-year-old Debra Ojeda, the owner of Kwik Bonds in Austin. Under this contract, Nolen would go out and apprehend fugitives, despite not being a licensed peace officer or private investigator, which is required in Texas to execute warrants, the affidavit said.

Here is a perfect example of knowing who you can trust when you need an honest, trustworthy bail bondsman. There are state licenses required and state Department of Insurance regulations to follow to be a Bail Bondsman, as well as very specific training to be a police officer.

It takes a very shady individual, or con man, to impersonate someone, especially when it has to do with law enforcement. And, shame on the owner of Kwik Bail Bonds for obviously not checking Nolen’s background before hiring him. Now they will both pay the price for making poor decisions!

This situation is the very reason individuals needing to post bail for someone should be cautious and ask many questions before handing over any money for the release of an inmate.

If you have an opinion, I’d love to hear about it.

Bail set for Chicago teen charged with shooting boy

Sean Cook — Thu, 15 Mar 2012 23:14:16 +0000

Jason Meisner, a Chicago Tribune Reporter, today wrote about this sad story of a 16-year-old teenager who shot and wounded an 11-year-old boy, Tysaun Grant, who was shot in the back, with the bullet exiting through his chest, while searching for snakes with friends on Chicago’s south side.

Phil Hall was charged as an adult with one count of aggravated battery of a firearm and being held on $800,000 bail. Hall was actually recognized through a line-up by one of the boys present at the time of the shooting. No motive has been revealed.

This young boy is very lucky to be alive, but I can’t help but wonder why this teenage had access to guns. Where did he get it from? What could this little boy have done to make this teenager shoot him in the back? Where is the guidance we’re supposed to provide for our children and the basic lesson about wrong and right?

Do you agree?

Madison father accused of starving, abusing teen daughter asks for reduced bail…

Sean Cook — Wed, 07 Mar 2012 17:40:21 +0000

A Madison, Wisconsin father and his wife are accused of starving his 15-year-old daughter for years. The couple has been in jail since February because their bail is $22,500 and $30,000. Their attorneys believe those bonds are too high because they don’t pose a flight risk. Plus, the father requested that he be excused from all future court proceedings with no explanation.

Prosecutors said the couple allowed their 15-year-old daughter to starve for several years in the basement of their home. The girl’s step-brother is also charged with molesting and abusing her. He’s scheduled to enter pleas in the case on March 19th.

What would possess parents to do this to their child? There must be more to this story that we’ve not been made aware of. And to get the girl’s step-brother involved in such an abusive manner, as well. It puzzles me when I hear of such twisted stories, especially when it’s within a family. Do you have any thoughts about this?

http://wtaq.com/news/articles/2012/mar/01/madison-father-accused-of-starving-abusing-teen-daughter-asks-for-reduced-bail/

Cops Bust Naked Burglar Covered In Chocolate, Peanut Butter

Sean Cook — Tue, 28 Feb 2012 18:19:47 +0000

February 3^rd, 2012, Neon, Kentucky – Andrew Toothman, 22, was arrested by State Troopers in the city of Neon for burglary, when found naked, wearing only a pair of black boots, covered with chocolate and peanut butter in a Kentucky supermarket.

Toothman had busted out the market’s glass doors, discharged several fire extinguishers, and used NyQuil, the popular cold and flu remedy, to spell out the word “sorry” on the floor. Then made his way to the isle where he found chocolate and peanut butter to complete his bizarre act of vandalism by smearing his body with the popular confections.

For his outrageous acts of bizarre behavior, Toothman was charged with burglary, criminal mischief, and indecent exposure, and is being held on $25,000 bond in a Letcher County jail.

Wow! I have heard of some pretty bizarre acts in my time, but this one takes the cake…no PB&J! LOL! The only thing missing was the jelly and a couple of slices of bread. What was this guy on? It must be a new drug I’ve never heard of before. It looks like he was given a shower before taking his mug shot.

Can you imagine shopping at this supermarket and suddenly a naked man comes busting in and does all these crazy things? Do you run out of the store? Do you just stop and stare? Do you hide at the end of the isle? How do you react to this? What would you do if you were there?

South Carolina Cops: Don’t Give Violent Offenders A 2nd Bail…

Sean Cook — Mon, 20 Feb 2012 19:38:42 +0000

Bill advances with aim to keep re-offenders off the streets while awaiting trial…

As reported by Ellen Meder of Channel 7 News on February 15, 2012 - South Carolina law enforcement groups presented a bill that would require anyone charged with violent crimes while on bond for a first crime, violent or otherwise, to be denied bail on a 2nd offense.

Sen. Shane Massey, R-Edgefield, said he was shocked the bill was necessary and surprised to hear that solicitors were not petitioning judges to take away defendants’ initial bonds, and that circuit court judges and magistrates were granting multiple bonds.

Last year, laws went into effect requiring either a law enforcement officer or jail officer to give judges an accused person’s criminal record and pending charges before or during all bond hearings. But by all accounts from law enforcement and legal professionals who testified in front of the panel, that’s simply not happening either, even though it’s the law. That means many magistrates release violent offenders on bond, not knowing they have already bonded out.

It sounds like law or no law; things are slipping through the cracks. I totally agree that judges should have all the pertinent information in front of them when a defendant appears before them for their arraignment hearing, especially since this information is made known as part of the booking process. It’s easily accessible and should be a standard requirement in court.

Without this law being enforced this problem will obviously persist, and in the best interest of protecting the safety of the community, this should become a standard operating procedure.