Tuesday, September 21, 2010

Two Charged With Perjury Related to Overcharging of Bail Bonds Clients

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

Friday, September 17, 2010

Officials oppose ballot measure on bail bonds

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

Sunday, August 22, 2010

Former Bail Bondsman and DA Making News For Money Problems


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

Saturday, August 7, 2010

Las Vegas Bail Bondsman Sentenced

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.

Wednesday, August 4, 2010

Clearing Up Some Common Bail Bonds Myths

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.

Tuesday, July 27, 2010

Bail Bond Companies Claim Conflict With Pretrial Release

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

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.