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The 10% bail bonds cartel

justinacolmena

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Every local courthouse in the U.S.A. is surrounded by at least half a dozen or so bail bonds agencies. There is no competition because the premium is fixed, usually at 10%, by the court.

Not only must the defendant pay the 10% premium, but generally put up collateral for the bail as well, because the court only accepts cash, not collateral, as bail.

"Reasonable" bail is set by the defendant's ability to pay the 10% premium, which is non-refundable even if the defendant is found not guilty.

Such bail is not only excessive, but in the effect, an arbitrary and excessive fine the defendant must pay, whether found guilty or not guilty.

Defendants forfeit bail at the smallest infraction, even for being a few seconds late to court, or experiencing an accident or other hardship. Defendants who forfeit bail are subjected to arbitrary, notorious, and merciless violence at the mercy of bail bondsmen and law officers who work closely but outside the law with them.

A viable proposal for a reformed system of bail, perhaps with the court itself accepting and returning collateral without arbitrary and excessive fees, is desperately needed to restore law and order to the United States.

A reasonable definition of "excessive" is required for bail, so that any bail too high for the defendant to independently afford is considered excessive unless it is clearly the intent of the court to deny bail outright.

The ability of a defendant's family, friends, and political allies -- other than a married spouse with respect to common property -- to post bail on the defendant's behalf is not, in general, appropriate, because this yields probable cause that the defendant was not acting of his or her own free will to commit the alleged crime.

Are there any thoughts or suggestions on this matter?
 

Disir

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Every local courthouse in the U.S.A. is surrounded by at least half a dozen or so bail bonds agencies. There is no competition because the premium is fixed, usually at 10%, by the court.

Not only must the defendant pay the 10% premium, but generally put up collateral for the bail as well, because the court only accepts cash, not collateral, as bail.

"Reasonable" bail is set by the defendant's ability to pay the 10% premium, which is non-refundable even if the defendant is found not guilty.

Such bail is not only excessive, but in the effect, an arbitrary and excessive fine the defendant must pay, whether found guilty or not guilty.

Defendants forfeit bail at the smallest infraction, even for being a few seconds late to court, or experiencing an accident or other hardship. Defendants who forfeit bail are subjected to arbitrary, notorious, and merciless violence at the mercy of bail bondsmen and law officers who work closely but outside the law with them.

A viable proposal for a reformed system of bail, perhaps with the court itself accepting and returning collateral without arbitrary and excessive fees, is desperately needed to restore law and order to the United States.

A reasonable definition of "excessive" is required for bail, so that any bail too high for the defendant to independently afford is considered excessive unless it is clearly the intent of the court to deny bail outright.

The ability of a defendant's family, friends, and political allies -- other than a married spouse with respect to common property -- to post bail on the defendant's behalf is not, in general, appropriate, because this yields probable cause that the defendant was not acting of his or her own free will to commit the alleged crime.

Are there any thoughts or suggestions on this matter?

No. How many people jump bail? Why would you do that to the court?
 

equalizer_0

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No. How many people jump bail? Why would you do that to the court?

No, we do not want people jumping bail, but there is a right way and a wrong way to do it. A fixed-price private bail bonds cartel with armed private bounty hunters on the loose across international borders is the wrong way to do it.

Jailers must be restrained from inflicting cruel and unusual punishments.

Bail must come down to a reasonable level affordable to defendants without requiring them to borrow money upon usury.

Private bounty hunters cannot be rewarded for turning in wanted suspects with no questions asked.
 

Disir

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No. How many people jump bail? Why would you do that to the court?

No, we do not want people jumping bail, but there is a right way and a wrong way to do it. A fixed-price private bail bonds cartel with armed private bounty hunters on the loose across international borders is the wrong way to do it.

Jailers must be restrained from inflicting cruel and unusual punishments.

Bail must come down to a reasonable level affordable to defendants without requiring them to borrow money upon usury.

Private bounty hunters cannot be rewarded for turning in wanted suspects with no questions asked.

What are the stats on bail jumping?
 

equalizer_0

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How about FTA warrants?
There needs to be proof that the defendant was properly served with the time, date, location, and purpose of the allegedly expected court appearance.

The appearance must not be unduly burdensome to the defendant, the defendant must have the bona fide, effective assistance of counsel, conditions of force majeure must not exist, and there must be evidence that the defendant is actually evading or fleeing law enforcement.

Probable cause must be established at an extradition hearing if the defendant is apprehended or contacted by police out of state, and if there is no bona fide intention on the part of the prosecuting state to extradite, then the warrant is generally assumed quashed prima facie.

"Lying in wait" with a warrant, refusing to actively pursue it given the opportunity, is prohibited because this makes all presumption of good faith on the part of the prosecuting state null and void.
 

Disir

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How about FTA warrants?
There needs to be proof that the defendant was properly served with the time, date, location, and purpose of the allegedly expected court appearance.

The appearance must not be unduly burdensome to the defendant, the defendant must have the bona fide, effective assistance of counsel, conditions of force majeure must not exist, and there must be evidence that the defendant is actually evading or fleeing law enforcement.

Probable cause must be established at an extradition hearing if the defendant is apprehended or contacted by police out of state, and if there is no bona fide intention on the part of the prosecuting state to extradite, then the warrant is generally assumed quashed prima facie.

"Lying in wait" with a warrant, refusing to actively pursue it given the opportunity, is prohibited because this makes all presumption of good faith on the part of the prosecuting state null and void.


You have no data on bail jumping and you have no data on FTAs. In fact, you probably haven't paid attention to the escapes with ankle monitors for pretrial detainees.
 

equalizer_0

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You have no data on bail jumping and you have no data on FTAs.

If you're wanted, you're wanted, and there is an all points bulletin out on you. Otherwise you are free to go when you make police contact. Lying in wait is prohibited.
 

Disir

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Are you dealing with a bounty hunter? You have jumped bail. You have a FTA warrant.

But you were really happy about taking that money to get out of jail.
 

equalizer_0

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Are you dealing with a bounty hunter? You have jumped bail. You have a FTA warrant.

Now that I think about it, I do have some identity theft issues. I'd need to have some fingerprints on file from booking if I jumped bail...

But you were really happy about taking that money to get out of jail.

Meanwhile someone is getting my money but it doesn't seem to be me...

Keep trying.
 

Disir

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Are you dealing with a bounty hunter? You have jumped bail. You have a FTA warrant.

Now that I think about it, I do have some identity theft issues. I'd need to have some fingerprints on file from booking if I jumped bail...

But you were really happy about taking that money to get out of jail.

Meanwhile someone is getting my money but it doesn't seem to be me...

Keep trying.


It's a general you. The point is that if you are dealing with a bounty hunter then you already jumped bail and you have a FTA warrant. In some states if someone bails you out and uses their property to do so and a bounty hunter brings them in then that person doesn't lose their property.

What we have established is that you are pretty sure that there are so many other things that are wrong with the bail system that it isn't necessary for you to make any attempt to look at statistics.



Governor, Anchorage DA want to see changes to new bail system

They just don't get it right no matter what they do.

Perhaps you have done some type of investigating into the Risk Assessment Tool cartel.


In sum, jump up and down guessing about rights being violated.
 

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