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
Tuesday, July 27, 2010
Sunday, July 18, 2010
Bail Bonds are Different From Bail!
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.
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.
Saturday, July 10, 2010
Selecting A Bail Bondsman - Important Things To Know
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.
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.
Thursday, June 17, 2010
Woman Bails Out Person Accused of Her Murder
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.
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.
Monday, May 10, 2010
Principles Of Bail Bonds
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.
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.
Wednesday, April 21, 2010
Proposed law could increase bondsman revenue
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
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
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.
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.
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