Bail Bonds Monitor

San Jose City Council Ponders Bail Bonds Agencies Restrictions

2011-08-12T16:52:00.000-07:00

On Tuesday, August 23rd, San Jose‘s City Council is set to vote on new regulations controlling the location and hours of bail bonds businesses. The contemplated city ordinance would install a set of highly restrictive and deliberate regulations governing where and how San Jose bail bonds agencies can establish a business location.

The newly proposed bail bonds ordinance will force new bail bonds agencies to locate no more than 200 to 300 feet from schools, parks, homes and other bail agencies. Furthermore, bail agencies would not be allowed to occupy ground floor, retail space around or in the jail area. A city conditional permit must be obtained by any bail bond agency operating in the jail area between 12 a.m. and 6 am. No permit is necessary during those hours in other areas of the city if the agency isn’t receiving customers in person.

As one might expect, area bail bondsmen are dissapointed with the possibility of these new rules? They feel it is an assault on the citizens’ constitutional rights to obtain bail as protected in the 8th amendment. They are concerned the regulations will make it difficult for jailed citizens receive bail at a reasonable price and hour. C. Jeffrey Stanley, founder of Bad Boys Bail Bonds, argues that any major city has bail bonds agencies near the jail. He says “If you don’t want a bail agency, don’t move a block away from the jail.” Residents who live near the main county jail say “All of a sudden bailbonds agencies started popping up everywhere. Now there is nothing but bail agencies!” The proposed regulations are supposed to address a number of area residents' concerns such as: the concentration of bail agencies along N. 1st Street and their late night operations. Neighbors feel these are a nuisance and lessen their property values by changing the fabric of their community.

Councilman Sam Liccardo, who represents the area, along with other council members agree. City officials believe the proposed regulations are reasonable and “meet a reasonable balance between expectations of the industry and the needs of the community.” Officials also noted that other big cities require permits for late night operation. However, the conditional use permit is just one of the many restrictions contemplated by the ordinance.

Santa Clara County Supervisor George Shirakawa Jr, believes the proposed rules are out of line. He says the use permit requirements would add costs that would be passed along to people needing bail and that these costs would make it harder for folks who are already facing financial hardships. Critics of the proposed rules also feel that Bondsmen are being unfairly blamed. They state that bail customers are usually the responsible friends and relatives of an accused criminal and note that late night riff raff comes from the light rail not the bail bond customers.

Pre Trial Release Program At Odds With Florida Bail Bondsmen

2011-07-22T13:30:00.000-07:00

The pretrial services debtate is not new, but it is heating up in Volusia County, Florida. Over the last year, more than 5,000 people have been released through the county's pre trial services program.

These are of course people that have been accused of minor crimes and are not thought to be a threat to the community.

On one side of the debate, bail bondsmen and sympathetic politicians. Proposed legislation that would have made deep cuts to the programs narrowly failed in the last legislative session.

On the other side of the argument are the Volusia County leaders that believe the program saves money by reducing over crowding. They consequently want to keep the pre trial services intact.

Volusia's program costs the taxpayers about $1.3 million annually. If the program were eliminated, it is estimated that one in four people who currently participate in pretrial release prgroams wouldn't be able to afford bail.

The bills that surfaced last year in the Senate and House would restrict pre trial release program participants to those that are poor. However, some analysts say keeping more people out of the pre trial release program would actually cost the taxpayers $2.7 million. The reason being that those not eligible would remain in jail and force the government to pay for them.

This debate is not likely to be over anytime soon. However, counties and states across the country keep a watchful eye over pre trial release programs in other jurisdictions for affirmations of their decisions one way or another.

Bail Bondsman Turns Himself In After Credit Card Related Arrest

2011-02-03T11:52:00.001-08:00

An Ocala area bail bondsman turned himself into law enforcement authorities Monday night after an arrest warrant was issued for him. He was charged with unlawful use of a credit card, stemming from the fraudulent use of a Staples credit card.

Ocala police Detective Steve Thibodeau said surveillance video showed Robert D. Fox, 38, owner of Foxy’s Bail Bonds, fraudulently using a Staples credit card. Records show the ill gotten merchandise was sent to 2931 NW Eighth Place, which is the home of Foxy Bail Bonds.

After surrendering to Levy County authorities, Robert Fox posted his own $1,000 bail and was released.

Bail Bonds Legend Dies at 86

2011-01-28T12:09:00.000-08:00

The “Little Mayor of South Main Street” may be gone, but he isn’t forgotten.

John D. “Jack” Smith Sr., a lifelong Wilkes-Barre resident, former local bail bondsman and welterweight boxing fighter, passed away Wednesday in Wilkes-Barre. He was 86 years old.

Jack, as people referred to him, was known for his well-rounded demeanor, being able to dine with the most respectable politicians while still bringing in culprits that skipped out on their bail.

“He had a table at the Woodlands every Friday night,” said Mary Lynn Smith of Fredericksburg, Md., one of Smith’s daughters. “He would eat dinner with officials, but if an average Joe needed something -- and Dad thought they were sincere -- he’d have no trouble giving it to them.”

Click on link to read full article at: The Times Leader

Payless Bail Bonds Does Good Deed Over Holidays

2011-01-03T10:02:00.000-08:00

Far too often, the good deeds of many go unnoticed and unreported. This past year has been especially difficult for many families around the country struggling with the difficult realities of the recession. Unfortunately, at Christmas time, that often equates to kids going without presents and families struggling to do the things others take for granted.

Payless Bail Bonds, of Las Vegas Nevada, decided to improve the holiday season for many local kids and families. Having a Christmas without presents for kids is a pretty bleak position to be in as a parent. It is a relief, when someone can step in and help fill that need. Payless Bail Bonds did just that on Dec. 11th with their "Christmas on Wheels" charity.

They asked local charities such as the Salvation Army, Family Promise, Women's Resource Center and the Jewish Resource Center for names of children that could really use some holiday cheer and extra help in the Christmas present department. Payless Bail Bonds donated 50 bicycles and presented the deserving children with their early Christmas presents on Dec. 11th at the Italian American Club in Las Vegas. The Italian American Club provided much needed snacks and facilities for the event.

Not being able to provide a holiday present for your child is a gut wrenching feeling and Payless helped deliver some much needed holiday joy to families that really benefitted from the help. It is great to see the bail bonds community giving back to the less fortunate. For more information, please visit: www.paylessbail.com

New York Bail Bonds Company Owner Sentenced

2010-09-24T16:38:00.001-07:00

Earlier this week, New York bail bondsman George Zouvelos, pleaded guilty and was sentenced on weapons charges. The owner of Spartan Bail Bonds agency he received 10 days of community services after being arrested in connection with a fight outside one of his offices.

The scuffle allegedly involved Mr. Zouvelos hitting a victim in the head with a handgun. Furthermore, the bail bondsman was said to not be licensed to have the gun.

After initially facing multiple counts including assault and other charges, he was allowed to plead down to obstruction of government administration and 4th degree weapons possession of an unloaded shotgun.

After reviewing the case both the presiding judge and District Attorney agreed to the misdemeanor plea. With the misdemeanor plea preserved his .

As a misdemeanor offender, Zouvelos whose bail bonds agency has multiple locations in New York will be allowed to continue operating as a bail bondsman in the Empire State.

Two Charged With Perjury Related to Overcharging of Bail Bonds Clients

2010-09-21T07:48:00.000-07:00

COURT STREET — It took two Downtown Brooklyn bail bondsmen three days to bail themselves out of jail, but on Sunday, the two men were released after posting a $20,000 bond.

Kisha Dunkley, 35, and his employee Andrew O. Wright, 28, were taken into custody last week and charged with perjury related to the alleged overcharging of bail-bond clients. They are both awaiting a pretrial date in Brooklyn Criminal Court set for Thursday.

Brooklyn Daily Eagle - Courthouse News & Cases

Officials oppose ballot measure on bail bonds

2010-09-17T10:56:00.000-07:00

A November ballot measure that would affect the handling of criminal defendants awaiting trial is drawing the ire of Larimer County officials.

The county commissioners Tuesday unanimously approved a resolution opposing Proposition 102, which would prohibit judges from assigning defendants to pretrial services on unsecured bonds other than first-time offenders accused of nonviolent misdemeanor crimes.

Other defendants could be assigned to the supervision of pretrial programs if they are released on surety bonds obtained through a bail bond business for a fee.
The Larimer County pretrial service program, which is one of the largest in the state, has been used as a way to keep a lid on the number of people in the county jail and the cost of operating the facility, officials said.

Article Continued Officials oppose ballot measure on bail bonds

Former Bail Bondsman and DA Making News For Money Problems

2010-08-22T20:04:00.000-07:00

Dallas County District Attorney Craig Watkins defaulted on payment of his home loan two years ago, according to county records.

The default on the loan by Watkins and his wife, Tanya, on their DeSoto home occurred in November 2008. County records show that a lien was placed on the property that same month.

The documents do not say how Watkins defaulted or how much money was owed. According to the Dallas County Sheriff's Department, the home was never placed on the list for foreclosure, which would mean that the necessary payments were made.

The couple originally borrowed $559,200 for their home in 2003, the records show. The house is appraised at $549,900, according to the Dallas Central Appraisal District.

Watkins, a Democrat who is seeking re-election in November, declined through his representatives to comment about the documents.

Eric Celeste, his campaign spokesman, also refused to discuss the default matter, saying via a text message: "We respond to legitimate questions about making Dallas safer or campaign issues, not personal political attacks."

Danny Clancy, Watkins' Republican opponent, declined to comment.

The 2008 default was not the first time unpaid bills were a problems for Watkins.

In December 2007 – 11 months after he was sworn in as district attorney – his law license was briefly suspended when he forgot to pay his dues to the State Bar of Texas. The license was reinstated after he paid the dues and penalties. Dallas County cases were not affected.

Last August he was sued by Southwestern Bell Yellow Pages, which alleged he owed $1,249 for advertising. The company had initially sued Watkins in 2006, saying he owed nearly $16,000 of a $34,000 bill for advertising, according to the lawsuit. That lawsuit was dismissed after Watkins promised to pay the bill, but when he didn't follow through, the company sued him again. That suit was also dismissed, but it is unclear why.

Watkins' former bail bond business, Fair Park Bail Bonds, has also been the subject of complaints, records show.

Investigators found six possible violations to the state code that governs how bail bond companies can operate. A complaint filed against the company in 2004 was never resolved because Watkins closed the business before the complaint was heard.

In the six years before his run for district attorney in 2006, Watkins had three liens related to more than $100,000 in income tax disputes. They have since been paid.

The city also sued Watkins for defaulting on a $20,000 mortgage loan. Watkins paid off the loan after the suit was filed.

Watkins, who earns $125,000 a year, has continually said the lawsuits and complaints are irrelevant to his role as district attorney.

By JENNIFER EMILY / The Dallas Morning News

Las Vegas Bail Bondsman Sentenced

2010-08-07T17:12:00.000-07:00

Robert Suckoll made headlines as a Las Vegas bail bondsman for forcibly entering a residence in an attempt to locate a fugitive in 2007. The problem is, he wasn't at the right house.

Robert Suckoll, 39, and Diego Rodriguez, 25, pleaded guilty to assault with a deadly weapon and performing an act in reckless disregard of persons resulting in substantial bodily harm, both felonies; and conspiracy to commit a crime, a gross misdemeanor. They were sentenced to 90 days in jail and five years' probation after pleading guilty. They were immediately taken into custody after the sentencing hearing.

On August 5th, The Las Vegas Sun Journal reported that "according to the terms of the sentence handed down by District Judge Doug Smith, both men owe about $1,400 in restitution, they must take impulse control classes, stay away from weapons, drugs and alcohol, and have no contact with the victims or each other."

The article went onto say "prosecutors, who did not recommend jail time as part of the guilty plea agreement, had asked the judge to order Suckoll to surrender his bail bonds license, but Smith denied that request. Defense attorneys are expected to ask Smith to reconsider the jail sentence at a hearing scheduled for Aug. 30."

Suckoll also got headlines in 2007 for being a party to the bean bag shooting of a nightclub bouncer while trying to apprehend another fugitive.

Even though, defense attorneys fought hard for Suckoll to keep his bail bonds license, the funny thing is he has left the Las Vegas bail bonds industry. He is now in the pest control business.

Clearing Up Some Common Bail Bonds Myths

2010-08-04T16:21:00.000-07:00

The thought of getting arrested is just crazy to some people. However, it is crazier to think that so few people have an understanding of the judicial process until they find themselves immersed in it. Consequently, most people only have a vague notion about the bail bonds system. Therefore, there are a lot of misconceptions about the bail bonds and bail bondsmen.

The first bail bond myth is that bail and bail bonds are the same thing. Bail is the amount of money a court requires to release a defendant after being arrested. A bail bond is a surety bond provided to a court by a bail bondsman to secure the release of a defendant. If the accused fails to appear, the bail bond is a promise that the bondsman will pay the full bail amount.

Another very common myth about the bail bonds industry relates to something that is commonly advertised. Bail bondsmen promote their businesses heavily in online, print, television and just about anywhere else you can imagine to attract customers. If you have seen their advertising you would think it was a price sensitive industry. Tag lines and slogans claim things like "Cheapest rates" or "budget pricing". However, state laws set the fees bail bondsmen can charge, so pricing is actually the same across the board no matter who is hired to provide the service.

Fueled by television images and realty shows, many Americans mistakenly believe bounty hunters and bail bondsman are one in the same. A bail bondsman, for a fee, helps defendants gain their release after being arrested for a crime. If that defendant fails to appear in court, the bail bondsman could be forced to forfeit the entire bail amount. They will commonly in turn hire a bounty hunter to retrieve the missing defendant and return them to custody.

Since only a small percentage of our society is ever arrested, hopefully the misconceptions associated with bail bonds hopefully won't affect many people. Although, if you are one of the unfortunate few that are arrested, having the correct information about bail bonds will be invaluable.

Bail Bond Companies Claim Conflict With Pretrial Release

2010-07-27T06:58:00.000-07:00

Cradling his office phone between his head and left shoulder, Raul "Katt" Brewster grabs his cell mid-ring and answers, "Bail bonds."

His fluorescent orange office walls hit like smelling salt. They keep him alert, Brewster says.

"Twenty thousand?" asks Brewster, the manager of the Wilmington office of Powell Bail Bonding. "Can you come up with a G? ... Can you come up with a thousand?"

In the few minutes between phone calls, Brewster talks about his trade and its "adversary:" pretrial release.

Sitting eight miles away in an office at the New Hanover County courthouse, Ray Murphy disagrees.

The pretrial release contractor says, "The public is going to win when pretrial and bonding cooperate."

Bail bonding companies and pretrial release programs get people out of jail as they wait for their court date. Both say they reduce prison populations.

But bail bonding companies say pretrial costs taxpayers money that should be spent elsewhere, while pretrial advocates say the program rehabilitates offenders and monitors them as they pay fines and child support.

For some bail companies, the feud has become political. Brewster said bail bond companies lobby state legislatures to limit pretrial release programs and represent their interests on other issues.

Locally, the Lower Cape Fear Bail Bonding Association represents bail agents, while the North Carolina Bail Agents Association is its statewide counterpart. Also, the N.C. Bail Agents Association Political Action Committee raises money and donates it to General Assembly campaigns and committees.

Since 2004, local bail bond agents have donated more than $11,000 to the PAC, which the committee distributed to Columbus County Democratic Sen. R.C. Soles Jr.'s campaign, the Republican House Majority Fund, the North Carolina Republican Senate Committee, the North Carolina House Democratic Committee and the Committee to Elect Republican Women, among other candidates and committees.

Bail bond companies and pretrial release advocates use many arguments about their cost and effectiveness, said John Roman, a senior research associate at the Urban Institute's Justice Policy Center. And as local budgets shrink, the tension could rise, Roman said.

"I'm not sure they get along fine anywhere," Roman said. "To some extent, it's a zero-sum game."

Brewster said government pays for pretrial release programs, while bail bonding doesn't take public funds and supports the state's public schools.

Forfeited bonds go to local school budgets as required by state law. In the 2008 fiscal year, more than $450,000 was given to New Hanover County and more than $10 million to the state through forfeitures.

Brewster said the state loses potential money by releasing defendants without bond and spends money to monitor them while on pretrial release. Not all pretrial release participants are required to pay a bond.

In the 2009 fiscal year, pretrial release cost the county $528,636 for staff salary, benefits and operating expenses. The figure also includes a $360,000 contract awarded to Tarheel Monitoring to run the program's electronic monitoring.

But the program saved $7.8 million in jail costs that year, according to the Administrative Office of the Courts.

Murphy said the pretrial program saves money by getting qualified defendants out of jail quickly, relieving facility costs for food, clothing, medicine and other expenses.

Alice Hovis, director of the program, said pretrial release employees interview inmates each morning before their first court appearance by video. If they find potential participants, they recommend them to a judge, who decides whether they qualify. If the judge allows the defendant into the program, he or she is released that day.

"It's not just us finding ways to get people out of jail," Murphy said. "The pretrial program runs leaner, slicker, faster than the bonding program."

Pretrial release advocates argue they rehabilitate defendants while bail bond companies focus on getting them to court.

Fifty-three defendants on pretrial release received substance abuse or mental health counseling during the 2009 fiscal year. Another 75 participants had a daily curfew, 15 were required to attend school, 219 were under house arrest with electronic monitoring and 63 couldn't drink alcohol or take illegal drugs.

"The main difference is the case management aspect," Murphy said. "Pretrial allows them to continue those positive things."

The program also focuses on defendants who were locked up because they haven't paid child support. Murphy said pretrial release lets them keep working instead of sitting in jail.

In fiscal year 2009, pretrial release participants paid more than $200,000 in owed child support.

Roman, of the Urban Institute, said bail bonding companies chase fugitives and bring them to court without taxpayer help.

"We relieve the tax load on the state," Brewster said, adding pretrial release increases the tax load. "The state has to house these inmates; they've got to clothe them."

Pretrial release also gets defendants to court, Hovis said, but they focus on rehabilitation and fine payments as well.

"If they have gotten treatment, they are less likely of getting more criminal charges," Hovis said.

Return rates for pretrial release and bail bonding differ by two percentage points as reported by Brewster and the Administrative Office of the Courts.

Roman said rehabilitation and job training provided by pretrial programs help control long-term jail costs and crime. Treatment providers and researchers know a lot about getting people onto a path that bypasses jail, he said, whether it's counseling, job training or other services.

"To not do that gets more and more indefensible as we get better and better at treating all the reasons people commit crime." Roman said. "In the short term, local government doesn't have to write a check. But in the long term, it perpetuates a cycle of crime and more crime."

Originally published at the Star News Online

Bail Bonds are Different From Bail!

2010-07-18T17:09:00.000-07:00

Dog The Bounty Hunter is the extent to which most people come across bail and the bail bonds industry. So it is no secret why the average American can't tell the difference between a bail bond and bail. Often people use the terms "bail" and "bail bonds" interchangeably. However, they are far from interchangeable terms.

After arrest, a defendant may be eligible for bail. Bail is set during a bail hearing by a justice of the peace or judge. Bail is money paid to the court to secure a defendant's release. Once bail is posted, the defendant is freed from jail but is still obligated to appear at all scheduled court appointments. If they fail to do so, the bail money may be kept by the court. Once the criminal proceedings are finished and regardless of outcome, if the defendant has appeared before the court as ordered the bail money will be returned. The bail money merely acts an incentive and collateral to ensure the accused appear as ordered by the court.

In the event that a defendant is unable or unwilling to provide the full bail amount to the court, a bail bondsman may be used to post the bail on their behalf. However, bail bondsmen do not put forth the entire amount of bail. They post a bail bond to the court. Bail bonds are smaller amount of money that acts as a promise or surety bond. In the event the defendant does not appear, the bail bondsman may have to produce the full bail amount to the court.

Bail serves two purposes. It gives a defendant time to properly execute their defense preparation, free from the limitations of jail. Most importantly, it enables innocent people from being held in jail while they go through the trial process.

Bail is a very important aspect of the judicial system. Bail bondsmen play an integral role in the ensuring the system functions as it is designed to.

Selecting A Bail Bondsman - Important Things To Know

2010-07-10T20:07:00.001-07:00

So your friend or family member has been arrested. Many things are racing through your mind about what to do next. First things first, you need to get them out of jail as soon as possible. Then and only then, can the process of putting their life back together can begin.

So who do you call? Post bail yourselves or hire a bail bondsman? Picking a bail bonds agnecy is a hugely important decision. The quality of bail bond companies in a local marketplace can vary greatly. Even though bail bonds companies can not adjust their fees, they still can offer very different levels of customer service. So it is imperative to understand all of your bail bond options and then hire the bail bondsman that best suits your needs.

A bail bondsman and the company they work for, must be fully licensed by the state in which they operate. For example, someone selling Las Vegas bail should be licensed as a bail bondsman by the state of Nevada.

Another important consideration is the amount of bail bonds industry experience a particular bail bondsman has. Through time in the trenches, a bail bondsman develops a keen understanding of the various local court systems, different detention facilities and all of the processes unique to each venue. An experienced bail bondsman can more easily navigate these systems to provide their client with a quick and expedient release.

Part of customer service in the bail bonds business is flexibility. Although bail bondsmen must charge the same fees, they can provide much different payment plans. For example, some bail bondsmen provide credit card payments, no collateral bonds and sometimes financing. It is a good sign when a bail bondsman takes the time to understand a client's financial position and then provides a solution that fits their needs.

Easy access to your bail bondsman is a critical element of a good bail bond professional. Clients often need to access their bail bondsman at all hours of the day or night. This is not only true while posting the bail bond, but also as the defendant navigates the post release judicial process. Prospective bail bondmen should be willing to provide easy access to all of their clients day or night.

There are a number of factors that differentiate good bail bonds companies from bad ones. It is important to understand how each bail bondsman is different and which one is going to be the best fit for your needs.

Woman Bails Out Person Accused of Her Murder

2010-06-17T07:25:00.000-07:00

Less than three weeks before a retired school teacher was found dead inside her Brookfield home, she posted the bail that allowed a man she had befriended and who is now charged in her slaying to be released from Cook County Jail, according to documents obtained by the Tribune.

Marilyn Fay, 65, used her credit card May 27 to put up the $2,500 bail that allowed Steven Kellmann, 30, to go free, documents show. Fay was found dead in her home on Monday, stabbed, beaten and suffocated, authorities said.

Kellmann, who was taken into custody Monday, was ordered held on $2 million bail Thursday after being charged with first-degree murder and armed robbery in connection with Fay's death.

Kellmann, who has a lengthy criminal record and spent time in prison, was charged May 16 with driving on a suspended license after a traffic stop by Chicago police on the Eisenhower Expressway, authorities said. According to the bond document, Fay posted the 10 percent of the $25,000 bail a judge set in that felony case and was listed as a friend of Kellmann's.

Kellmann first met Fay at the Brookfield Public Library, where she worked part time, and for a time she allowed him to live at her home, according to authorities and Fay's friends.

She had tried to help him repeatedly because she saw the good in him, and even after she asked him to move out because he had anger management problems, she allowed him to do handyman work at her house, friends said.

In several instances following past arrests, Kellmann posted bail but violated the terms for his release and forfeited those funds, prosecutors said. While setting the high bail during a hearing in Maywood on Thursday, Judge James Gavin cited the forfeited bonds and Kellmann's lengthy criminal record.

Gavin also found probable cause to detain Kellmann for Fay's slaying after prosecutors laid out their case against him. For Kellmann to be released, the entire bail amount would have to be paid.

Assistant State's Attorney Andres Almendarez said Fay was last seen alive with Kellmann about 7 p.m. Sunday. Her body was found by police the next day in the bedroom of her home in the 3300 block of Arthur Avenue.

In the hours after her death, Kellmann tried to use her credit cards three times. He also called family members, telling them he had messed up, was suicidal, was going back to jail and that he had killed somebody, Almendarez told the judge.

Using a locating signal from a cell phone, Kellmann was arrested about 5 p.m. in a motel room on the Southwest Side of Chicago with a 23-year-old Arlington Heights woman. Fay's SUV was parked a block and a half away. In the hotel room, police found bloody clothing and more than 40 bags of heroin. Family members said Kellmann had a drug problem. Kellmann also had Fay's cell phone, credit cards and keys, Almendarez said.

The woman was later released without charges.

Kellmann's criminal background includes aggravated robbery, for which he was sentenced to six years in prison for forcing someone to withdraw money from their account at gunpoint. Other convictions include battery and theft. The ongoing suspended license case stems from a previous DUI, Almendarez said.

Kellmann's next court date is June 24 in Maywood.

Principles Of Bail Bonds

2010-05-10T20:19:00.000-07:00

Like many industries, the bail bonds industry is regulated by each individual state. However, in many states bail bonds and the treatment of a bail bondsman is very similar. Usually, the department of insurance in each respective state is the entity that that oversees the bail bonds industry. The Nevada Department of Business and Industry, Division of Insurance has jurisdiction over Las Vegas bail bonds and bail bondsmen.

Bail bonds, for the most part, are used in the court system for the same reason throughout America. When someone is arrested they may be "bailed out" if that is an option offered to them by the court. Bail is supposed to keep an innocent person from being locked up unnecessarily and provide the accused with ample opportunity to prepare their defense.

Las Vegas bail bonds work the same way as bail bonds in other areas. Bail is set by a judge at a bail hearing. The bail amount is based on the severity of the crime and defendant's flight risk. The bail is held through the criminal proceeding and is returned upon conclusion of the trial regardless of a guilty or innocent verdict. Bail is merely an incentive for the defendant to appear in court as ordered and provides a financial reason to not flee prior to the end of the criminal case.

Bail bondsmen are available to post a bail bond for defendants that don't want to commit the entire bail amount or can not afford to tie up the full bail amount. Bail bondsmen collect a small percentage of the bail amount as a fee to post what is called a bail bond. A bail bond posted by a bail bondsman is different from bail posted directly by a defendant or their family. The bond offered by bail bondsmen works as collateral that the defendant will appear in court as scheduled. Although, if the defendant misses their court appearances, the entire bail is owed to the court by a bail bondsman.

A Las Vegas bail bondsman must a charge a fixed percentage of the bail amount. This amount is set at 15% of the bail amount or $50, whichever is more. The state mandates the amount a Nevada bail bondsman can charge. Most Las Vegas area detention facilities also charge bonding, booking or filing fees that are approximately $40. A bail bondsman in Las Vegas will not refund their bail bonds fee. This is how they generate income and operate as a business.

Proposed law could increase bondsman revenue

2010-04-21T11:17:00.000-07:00

LEE COUNTY: A program that could save you money and cut overcrowding in jails is in jeopardy. The program is called Pretrial Release. It allows non-violent offenders to stay out of jail while waiting for their court dates. And one group stands to gain greatly if the program goes away.

Each inmate processed, finger-printed, and fed at Lee County's Detention Center costs taxpayers $82 a day. That's nearly $5-million a month to care for about 2,000 inmates.

Court administrators say a program called Pretrial Release prevents that cost from increasing.

"It does have that great benefit to it. If you're finding people who are safe to be out of the jail, who meet the criteria set forth, it works out very well in terms of saving money," says Sheila Mann, spokeswoman with the 20th Judicial Circuit.

Mann says Pretrial Release allows non-violent offenders, who meet strict guidelines, an opportunity to wait for their court-date out of jail.

The fewer people waiting in jail means taxpayers pay less to keep the jail running.

Not everyone thinks the program is a good solution. State Senator John Thrasher believes the private industry can do what Pretrial Release does, at no cost to taxpayers.

He's pushing a proposed law that would strictly limit the number of people who qualify for Pretrial Release.

"I believe it's about saving taxpayers money. Some folks came to me about this issue and I believe it's the right thing to do," said Thrasher.

The folks who came to him were bail bondsmen.

According to the bill's own cost analysis, "bail bonds agents are likely to see an increase in revenues if the bill becomes law."

Basically, the fewer people who would qualify for Pretrial Release could mean more would have to pay a bondsman to get out jail.

Many taxpayers we spoke to just want to know why they should care.

If defendants can't afford to post a bond, they sit in jail longer and that costs taxpayers money.

Increased jail population is just part of the problem. Pretrial services say their biggest concern is safety.

"It's all about public safety. They can find things in someone's background or in interviewing them that sends up a red flag that they need to wait for a judge to see them, and the judge can assess the situation," said Mann.

Bondsman Wayne Spath agrees safety is the top priority He said, "For the most part, we get our people to court. Bottom-line, or we wouldn't be in business."

Spath owns Perkins Bail Bonds in Fort Myers.

"We make sure they go to court. Read the Bureau of Justice Statistics. Go read what it says," he said.

So, we did.

While the justice department study shows more pretrial defendants re-offend than those out on bond and fewer people show up to court, it's based on national figures.

That's not the case in Lee County. According to Lee County's Clerk's Office, nearly seven percent of offenders out on bond failed to appear at their first court hearing; compared to four percent under Pretrial Release.

Spath calls the program "a get out of jail free card" for defendants waiting for court-dates. The courts say that's an unfair claim from a private industry that stands to gain.

WZVN Channel 7

OC Bail Bonds Trade Group Sues Over Marketing

2010-04-21T06:17:00.000-07:00

Glossy fliers the size of postcards with eye catching designs and eye popping colors greet everyone coming and going from the Orange County Central Men's jail.

They've been left by eager bail bondsmen trying to compete for the luccrative bail bonds business which is potentially coming in and out of the jail complex. This is the essence of guerilla marketing and it is esclating in Orange County. It extends into the parking structure adjacent to the jail, with vehicles wrapped in extra large colorful advertisements for each baondsman's respective bail bonds business.

Newport Beach attorney Richard P. Herman filed a lawsuit on behalf of the Orange County Bail Agents Association on to stop these guerrilla marketeers and their aggressive solicitation outside jails and police stations.

But some bail bond company owners contend it's legal absolutely legal and the bail bonds association is suing at the behest of other more established and powerful bail bonds companies. The association's lawsuit alleges that the agressive solictation creates an unfair playing field for other bail bondsmen.

Not coincidentally, the the newer bail bondsmen and the more established bail bondsmen are lined up on opposing sides of the issue. The newer businesses say they are doing what is their right to promote their business and attempt to grow it through innovative and creative methods. They complain that the more established bail bonds companies would rather not have to compete with the effective and aggressive methods, instead relying on their reputations and more traditional marketing practices.

The Orange County Bail Agents Association's lawsuit names Orange County and the city of Santa Ana as the defendantse. The lawsuit will be heard by U.S. District Judge Andrew Guilford. The lawsuit states bail companies are not allowed to send representatives into the public to solicit business. The matter will be decided in federal court soon enough.

Although this isn't the first time bail bond solicitation practices have been called into question, it is new territory for a bail bonds association to sue other local bail bondsmen over the matter. The issue of how a bail bondsman may market or solicit their services is a hotly contested one in many areas.

Bail bondsmen have made similar claims for agressive marketing of Las Vegas bail bonds, Miami bail bonds and San Diego bail bonds to name a few.

Bail Bondsman Arrested

2010-03-18T09:13:00.000-07:00

Baltimore's leading bail bondsman and his son were arrested Wednesday on federal charges of filing false tax returns and illegally running an insurance business, among other counts.

Milton Tillman Jr., 54, and his son, Milton Tillman III, 35, who run 4 Aces Bail Bonds Inc. and other companies, were each released pending trial during an initial appearance in Baltimore U.S. District Court on Wednesday afternoon. Neither man had been able to review the 28-count indictment before being brought to court.

Tillman Jr.'s attorney said they "had known about this case for some time," however
Federal agents raided Tillman Jr.'s offices a year and a half earlier, seizing financial, phone and business records belonging to him and his son, along with records from a longshoremen's union at the Dundalk Marine Terminal. Milton Jr. is also charged with defrauding Ports of America Baltimore Inc. by overrepresenting the hours he worked as a longshoreman.

He's been prosecuted federally twice. He pleaded guilty in 1993 to trying to bribe a city zoning board member, and in 1996 was sentenced to 57 months in prison on charges he failed to pay taxes and funneled money into a nightclub he owned. The new indictment, returned last month and unsealed Wednesday, contains similar charges.

Milton Jr. is charged with conspiracy to defraud the Treasury Department by underrepresenting his earnings as a bail bondsman while spending large amounts to acquire apartment buildings, pay court fines and maintain his BMW along with hefty premiums on nearly $10 million in life insurance. He's also charged with five counts of filing false tax returns, one count of unlawfully engaging in the insurance business (his previous convictions prevent it), and 15 counts of wire fraud.

Tillman III is charged with the conspiracy, five counts of false tax statements, and one count of permitting a prohibited person - his father - to participate in the insurance business.

Baltimore Sun

Bail Bondsman Paid To Have Court Records Changed

2010-02-27T10:52:00.000-08:00

Alicia Bell, 36, Wichita, Kan., has pleaded guilty to one count of bribery, U.S. Attorney Lanny Welch said today.

Bell admitted that while working as a bondsman agent from 2005 to 2008 she paid Wichita city employee and co-defendant Kaylene “Katie” Pottorff to alter data in the computerized records system of the Wichita Municipal Court. The changes were made to ensure the court did not collect forfeitures of certain bonds from Bell’s employer, AAA Bail Bonds.

Bell is set for sentencing May 13, 2010. She faces a maximum penalty of 10 years in federal prison and a fine up to $250,000.

Co-defendants Pottorff and Jessie Garland are scheduled for jury trial May 11, 2010.

Welch commended the Wichita Police Department, the Federal Bureau of Investigation and Assistant U.S. Attorney Brent Anderson for their work on the case.

Is crime up locally during the recession?

2009-12-20T03:21:00.000-08:00

BONNEVILLE COUNTY - I've found some parallels between the bail bonds business and the rest of the economy.

"We serve as a pressure valve for the court system. In our country, people are innocent until proven guilty in a court of law. Because of that we offer bail bonds so that people can keep their jobs, keep working," said Michelle Thorne, with Michelle Bail Bonds.

"How has the recession affected your business?" I asked.

"What has changed is how we structure a bail bond... We have to be very creative, I'll take jewelry, guns, Lamborghini's, we'll take automobiles, we'll take any type of item that we can turn into cash to pay the court," said Thorne.

"Have you noticed an increase in crime because of the recession?" I asked.

"I haven't noticed a big difference," replied Thorne.

About 75-percent of Thorne's business is actually repeat customers, and that number has changed in 12 years.

"We're on a first name basis, and I know by the sound of their voice that it's them. And I think, oh know, what happened this time," said Thorne.

Nor has the amount of runners.

"During this recession I lost a bond that cost me 100-thousand to the court, but it wasn't because of the recession," said Thorne.

Over all, business is down for the bail bonds industry.

"When you see an increase in the amount of money that people are spending, you'll see the same increase within the bail bond business," said Danielle Kingston, daughter and agent of Michelle Thorne.

But during the Christmas season, people are more likely to bond out because they just want to be with family.

"Absolutely. People are putting up great sums of money rather than buying more gifts," said Nicole Andrews, daughter and agent of Michelle Thorne.

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