There are competing views bail reform in the state of Texas. Gov. Greg Abbott recently threw his support behind the Damon Allen Act, named for the Texas Department of Public Safety State Trooper, who was killed in the line of duty in November 2017.
Abbott's support for the bail reform measure states a goal of keeping the most violent felons from being released. But critics have argued it could go too far and end up keeping nonviolent persons in jail longer than the current system.
While considerations are still underway — you can read more about the Abbott measure here — it highlights a growing desire to see the process changed. This desire stems from some in our industry who work to take advantage of underprivileged individuals who find themselves under arrest and facing charges.
Too often, bail bondsmen are in it solely for the money. This is something we've actively fought against at Doc's Bail Bonds. But the reason we have to fight against it is that the threat is real. Bondsmen don't act in the best interests of their clients.
In 2002, Ru-El Sailor was convicted of murdering Omar Clark. Sailor allegedly shot Clark to death. His sentence: 25 years to life in prison. Thankfully, the Ohio Innocence Project — through mountains of research, evidence, and testimonies — were able to connect the dots and prove Sailor innocent beyond a shadow of a doubt.
Stories like Sailor's are all too common in the justice system. You might dismiss them as rare, but you could probably do a Google News search every week and find a newly-unearthed example or two.
It's easy to dismiss stories like Sailor's with a cavalier attitude. We convince ourselves that, while he may not have been guilty of that crime, he had to have been guilty of something to be close enough to the heat where police could pin it on him.
Never mind there are countless cases of mistaken identity that end with horrific convictions and years-long stays in a state penitentiary. This type of attitude is not one that belongs in a civilized society. If you're innocent of a crime, you should not be doing the time. And if you are doing the time, that means someone else is getting away with something.
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The bail amount a judge will set for a defendant can seem like an arbitrary number, but there is a certain logic to it. Courts are known to base the amount on three factors:
While these factors hold true, there is another factor that weighs in thanks to the Eighth Amendment of the Constitution, which dictates courts must not set excessive bail. As such, the financial means of the accused must weigh in at some point.
Unfortunately, 'excessive bail' is about as descriptive as the Eighth Amendment gets. Courts have worked through case law to bring the meaning a little more into focus. Basically, excessive bail is anything so high there's little chance the accused can actually pay it.
That said, courts have the ability to set bail at very high amounts should they be able to prove a compelling interest in doing so. (See the factors bulleted above.) If a court does set the bail amount too high, they could be viewed as unfairly incarcerating you prior to your actual trial. The courts have to be able to justify their decision, and that's where the above factors are so crucial to the defendant's rights.
Posting bail when under arrest for a serious offense can seem staggering. Depending on the charges, the amount can run into many thousands — even hundreds of thousands — of dollars.
But some of the hesitation to post bail emanates from not fully knowing how the process works. When a bond is set at $500,000, for instance, posting places one on the hook for just 10 percent of the total.
From there, it's up to the accused to make the court date to ensure the full amount of the bond isn't triggered. Of course, $50,000 is still a lot of money, and numbers like that could discourage doing anything at all. But that, too, can be a serious mistake. In the following article, we'll show you how by examining some of the unintended consequences. Let's begin.
Most employers will not fire an innocent person until they're proven otherwise — at least not for the crime itself. But criminal charges make an employer very uncomfortable, and if you have to miss a lot of work on account of being locked up, you end up giving them an easy out to get rid of you. When you lose a job against your will, you end up having a black mark on your resume that makes it more difficult to find future positions. There's also the loss of money in the short term to worry about — something that can spill over into other aspects of your life.
No-showing a court date creates a nightmare scenario for more than just the accused. The most obvious problem to arise is the money issue, but it goes well beyond that. In the following article, we'll be discussing all the ways that failure to appear can ruin your life and relationships. Let's begin.
Many times, people accused of serious crimes rely on friends and family to post the 10 percent required for bonding out. That means if your bail bond is set at $25,000, a loved one put up $2,500 on your behalf, provided you were unable to pay for it yourself.
No-showing your court date means they lose their money and the full amount of the bond is due. Beyond the obvious financial impact of that, you've likely lost a friend or family member you could count on to be there for you during troubled times.
People accused of crimes often are not first-time offenders. As they are drawn into a life of crime, their actions will escalate to more serious offenses. Not showing up for a court date will almost always come back to haunt these people because it shows future judges you can't be trusted — something they'll factor in the next time they're faced with whether to grant bail.
In the US, judges usually prefer granting bail to keep with the code of law one is innocent until proven guilty. But that doesn't always mean it's a slam dunk. Sometimes the circumstances of a crime or the circumstances of the accused's life can lead to higher bail amounts or flat-out denial.
Repeat offenders are particularly susceptible to the more stringent rulings. But what exactly does the court look for when making these determinations? In the following article, we'll be discussing considerations for when it isn't your first offense. Let's begin.
When you have more than one arrest on your record, it automatically increases the odds that you won't be granted bail or that the amount set will be so high you can't even afford the 10 percent bond-posting fee that most bondsmen require. That said, there are plenty of cases where your past doesn't factor in. For instance, if you have a record but it isn't one filled with serious or violent felonies, then the court likely will treat your current charge as a first offense.
Bail bonds are not an exact science. Depending on the charge you face, it can be anywhere from minuscule to too-expensive-to-afford even by the 10 percent posting standards.
Sexual assault is one of the more serious charges that will give a judge pause before he decides a case is bond-eligible. While a recent sexual assault bail amount in Spain was set at the U.S. equivalent of just $7,000, our country — and especially, the state of Texas — takes the charge more serious.
Even so, there are a variety of factors in play before a final amount can be determined (or if the case will be bail-eligible at all). Let's have a look at each one.
The court will look at the nature of the sexual assault charge, the background of the alleged perpetrator, and their proximity to the victim when making the determination if an immediate harm exists (i.e., is there a significant chance of recurrence during the time the alleged attacker is free). It also should be noted that immediate harm could apply to the accused. If he or she is a danger to themselves, the court may prefer them to be under closer supervision. Furthermore, if a family member of the alleged victim has made threats and presents a plausible danger to the accused, it may be best to hold them in protective custody.
The ability to get out of jail when arrested is the only one that matters when you are faced with incarceration. If you're new to it, all you can think about is how you don't belong. How all the obligations of home and work are going unchecked.
You're not even thinking about a legal strategy. Only how your life might be falling apart without you. Fortunately, there are several ways you can get out of jail. Here are the most common:
For light misdemeanors, particularly first-time offenses, it's not uncommon for a judge to allow your release without setting bail. Generally, the crime you committed must be non-violent, and you should be relatively stable in your home and professional life. Don't expect this outcome if your offense put others in danger.
Cash bonds also are reserved for low-level crimes where the suspects are not at risk of leaving town or no-showing their court appearance. These bail amounts can be $1,000 or less. The suspect or their supporters might even be able to cover the full amount without the need for a bond service.
A lot rides on the mandatory court appearance following an arrest and subsequent bail. From the perspective of the accused, no-shows can create a lot of problems legally, financially, and personally. If you do manage to post bail, here's what is at stake should you fail to comply with the hearing date.
Many times individuals who post bail are unable to do so without help from a friend or family member. Failure to show for a hearing can result in forfeiture of the bond, which means your friend or loved one loses their money, and a warrant is placed for your arrest. We'll get into the forfeiture and arrest aspects in a moment, but for now, let the personal aspect resonate.
Betraying a loved one in such a manner can create future problems, especially considering the high rate of recidivism. According to the National Institute of Justice, more than three-fourths of individuals arrested for a crime are rearrested within five years of release. Failure to show up will ensure that person is only there for you once.