How The U.S Bail Bond System May Change In The Future

A gavel, money, and handcuffs all sit on a table

If you read our previous blog, you’ll know that the current U.S bail bonds system is hundreds of years in the making. Ever since the 1400s (and perhaps long before that), bail bonds have been used to guarantee freedom for an individual based on the cash that they have. While we love the work that we’ve done for our community and our clients, we admit that the system is inherently flawed. Many people seem to agree, and change seems to be in the air for the bail bonds system. Here’s how the system may change in the future. 

Algorithm-based Risk Assessment

If the name sounds a bit crazy, we don’t blame you. When you hear the word algorithm, you probably associate it with a computer program or social media. But now algorithms can be used in the justice system, too. In California, the cash bail bonds system is being overhauled in favor of this new assessment, which uses various factors in your case to determine if you are likely to show up for court. This sounds good initially until you learn that judges have total discretion, so the biases against minority groups are made even worse in this system. A judge can simply claim that someone is a risk, and can hold them indefinitely. While the intent of this change is good, the implementation is very poor.

Non-Profit Support

Some non-profit groups are simply agreeing to pay bail for clients, and will work with them to make sure they go to court. This includes calling and texting clients for reminders, as well as providing transportation for those who can’t make their court date. Often, people plead guilty regardless of their actual guilt because they cannot afford bail. These non-profit organizations give individuals a chance to fight for their case, but it remains to be seen how this will expand to a national level. They have seen tremendous success though, with only 4% of people missing their court date in these types of programs. 

Best Bail Bonds in El Paso

We understand how the system can feel as though it is stacked against you. If you or a loved one is in need of assistance, Freedom Bail Bonds is there to help. Contact us today so we can get you out! 

A Quick History Of The U.S Bond System

Vintage shackles rest on an old wooden table

For some countries, the U.S system of bail bonds may seem pretty odd. But you may be surprised to know that the system we know today got its start over a millennium ago. 

Crime in England

The practice of posting money in exchange for temporary release started in England around 1066 A.D, providing a way for people to not sit in jail while they awaited trial. Unfortunately, this practice meant that the rich had a significant advantage, since middle class and poor individuals didn’t have the capital to secure their release. Out of this need came bail bondsmen, who agreed to accept a percentage of bail and post the remainder in the charged party’s stead. Since then, bail bonds have been a way to even out the abilities of the rich and the poor/middle class to obtain temporary release. 

Bail Bonds in the U.S

Bail bonds in the U.S were a fixture of life as soon as the first English settlers arrived on the mainland. Since then, several laws were passed on the state and federal level to ensure that the disparity between different economic groups was further minimized. The world of bail bonds has undergone a number of changes, and will likely continue to change drastically in the coming years. 

Get the Help You Deserve

An arrest can turn you or a loved one’s life upside-down. If you’re in need of a bail bond, call Freedom Bail Bonds today. We understand bail bonds and can get you out quickly and back to your life. 

 

A Look at the Texas Cash Bail Reform Efforts and What They Mean

 

As we discussed in one of our recent posts, there has been a lot of talk recently regarding the cash bail system and an attempt by states and localities across the country to do away with the current system or reform it. Because of all of this discussion, there is a lot of doubt out there about what has changed or what will change. While legislation seems to be in the works, we are keeping an eye on this to ensure that we are informed about any changes.

The Conversation After a Tragic Case

Talk of criminal justice reform has been on the agenda of politicians for many years now. We discussed not long ago the legislation signed by President Trump on the matter. Lumped in with many of these demands for change in the criminal justice system, is the questioning of the effectiveness, and in some cases, the constitutionality of the bond system as it stands.

In Texas specifically, the prompt to change the bail laws came when a state trooper was shot to death in his patrol car in November of 2017. Damon Allen, a husband, and father, was a trooper on duty one November night when he conducted a routine traffic stop. It was here that he confronted, DaBrett Black who shot the officer. Early that year, Black had led police on a wild chase ending it when he finally rammed into a police car on purpose. Black had apparently a history of committing violent acts against law enforcement. It was in 2015 as well when Black had another run-in with police but was released on bail. The judge that let him go claimed that he was not aware ‘of any previous conviction.’

The Damon Allen case is obviously a tragedy and a case that seems to have fallen through the cracks. The previous conviction might have changed the outcome of that judge’s decision. After the death of the Texas Trooper, his wife paid a visit to Governor Abbott’s office and prompted him to announce intentions of seeking reform on the system.

The governor took a look at the Allen case and recognized where the flaw may have occurred, proposing that there be more of a risk assessment system where the decision of being released rests on the information of criminal past, prior convictions, previous failure to appear in court, etc. The proposed new systems, if implemented correctly that is, would make it harder for defendants with long criminal records or those being accused of committing more severe crimes, to get out before their trial. At the same time, it would allow people with no criminal records, younger defendants, etc, to be released. The argument is that many people stuck in jail that cannot make bail often take guilty pleas in order to get out of jail.

Proposed Legislation Being Discussed Back and Forth

The proposed legislation would be called the Damon Allen Act, after the deceased trooper. On the local level, some of these new laws are already being implemented and tried in individual counties. Harris County, located on the Southeastern part of the state of Texas, has already decided to end cash bail for all misdemeanor offenses. This makes exceptions, however, for domestic violence arrests or repeated DWI arrests and violations. The law wouldn’t necessarily impede judges from making decisions about bail, but rather setting the amount based on more wide-ranging information about the kind of life and criminal past the defendant has lived before the present accusation.

Of course, the future of these laws is still up in the air and the industry we are in finds itself in the middle of this discussion without much to say about it. The cash bail system today allows for people awaiting trial an opportunity to get out of jail by posting an amount that the judge decides. In most cases, this allows for people to move forward until they receive their day in court.

The flux of these policies has caused a lot of uncertainty, but we continue to provide services to people of El Paso County who need to post bail in order to get out and prepare their defense, gather evidence, or take care of their families and mortgages. If you have recently been arrested or have had a loved one arrested in El Paso County give us a call and we will answer any questions about the current changes, our services, and more.

Get Your Loved One Out of Jail with a Bail Bond

bail bonding

It’s a question no one ever wants to ask, and a situation no one wants to ever be in: how to get someone out of jail. When a person gets arrested in the state of Texas and booked for a serious crime they must wait in jail until a bail bond hearing. At the bail hearing, the judge will set the bail amount. If the person cannot afford the bail bonding service, they must wait in jail until their court date, but there is a better option!  Bail is a process by which you pay a set amount of money to obtain your release from police custody. As part of your release, you promise to appear in court for all of your scheduled criminal proceedings.

The Process of Posting Bail

When you “post bail,” you are paying the amount that your bail was set at. This can generally be done in a few ways, including:

  • Paying by cash or check in the amount of your bail.
  • Signing over ownership rights to property that has a cash value that is equal to or exceeds the amount of your bail.
  • Giving a bond (a promise to pay if you do not appear) in the full amount of your bail.
  • Signing a statement that says you will appear in court at the required time, generally called “being released on your own recognizance.”

Most bail bonding agents typically charge 10-15% of the full bond amount. This can be higher or lower depending on the circumstances and the location of the arrest. Different counties charge different administrative fees. You will not get this money back. You can also sign over collateral or property like a house, car, jewelry, or other goods that can help guarantee that the defendant will show up to court.

Experienced Bail Bonds Services

Since being established in 1985, Freedom Bail Bonds has been providing West Texas with efficient and reliable 24-hour bail bonds services. Whether you need a quick jail release, you can trust that we can handle your case. We understand that everyone makes bad decisions from time to time, and some of those bad decisions result in arrest. We are here to make sure you get out and get your life back on track.

Contact us Today

When contacting a bail bonding agent, have as much information as possible including the full name of the person in jail, what jail they are in, their booking number and what charges. When you are looking for reliable and fast bail bond services, trust Freedom Bail Bonds. We have over 30 years of experience and even provide handy court reminders so you can keep your life on the right path. We accept MasterCard, Visa, and Discover. We also offer a variety of payment plans upon approved application. Contact us today for more information.