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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.

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How Big Tech Companies are Impacting Bail Bonds

 

In 2018, big companies like Google and Facebook decided to weigh in on a topic that has had some political pull for years. It’s not exactly news to see big tech companies revealing political leanings through the implementation of certain policies. They’ve been outspoken before. Criminal justice reform has been a profound topic of conversation among policymakers for many years. It’s a cause heralded by many on the political left and the libertarian right and one that has a lot of merit and complexities imbued.  It’s not a black or white issue, yet it seems the stigmatization of the bail bond industry has been targeted to carry a lot of the weight for a much bigger problem.

Many would argue that the cause of criminal justice reform carries an undeniable racial element that must be addressed. Last year, President Trump himself signed a bipartisan-supported bill on the matter—many aspects of which were controversial— giving judges more discretion on sentencing and encouraging changes to improve the recidivism rate.

However, in their efforts to have some impact on this the tech giants decided to target private companies and curb advertisements on bail bondsman. NBC reported in May of 2018, that the companies decided to block advertisements from bails bondsman on the grounds that it violated their attempt to keep “damaging and hurtful” content off users sites.

For many years, people have misunderstood and often vilified the concept of the industry. When a person is arrested, a judge has the discretion to set bail so that person can be released from jail with a promise that he/she will return to their set court date. Getting released from jail as people await their constitutionally guaranteed trial is important for families to be reunited, for the accused to hire and talk to an attorney freely, to continue working or providing for their loved ones, etc.

Reaction to the Decision

Many in the media commented on the recent decision by Google and Facebook that has much broader implications about the power of these tech companies to impose political leanings via policies and decisions. The decision appears to some as nothing more than moral posturing and an attempt to pose as arbiters of justice in a private market. The issue begs the question about how an advertisement for bail is “damaging and hurtful” content to begin with but also how these companies seem now to have control over what is considered harmful to the average person. In other words, much of the market now depends on Facebook’s definition of “harmful” which can extend into some dicey territory.

Several groups have led a charge against the industry of bail bondsman and called it bail bond reform. Preventing these ads on social media and obfuscating the fact that there is access to funds that can help families post bond does not in itself create any solutions for the people they purport to be helping. It is not legislative reform. Jeff Clayton, executive director of the American Bail Coalition, dismissed the amount and claimed the companies were trying make the bail reform appear bigger than it really was.

Criminal justice reform has supporters on both sides of the isle and has for some time now worked to dismantle certain aspects of our criminal justice system.

Recent Discoveries

According to a recent impromptu experiment in the state of Maryland, showed that the elimination of bail actually increased the number of defendants held without bail from 10% to 14%. At the same time, fewer released defendants are showing up for trial. A ‘no show’ in court can face bigger penalties and consequences down the line. The concept of 24-hour bail bonds is contingent upon the judge’s discretion to set a bail amount so an accused person has the opportunity to get fast and reliable bail bond services.

Get Freedom with Freedom Bonds

Despite this controversy, Freedom Bail Bonds is here to help you deal with your arrest and better prepare for your court date. You have a right to a fair trial and a right to keep your life together until that date comes.  If you have been recently arrested or have a loved one that has been arrested, posting bail is the fastest way to get out and keep your life in order while you wait for court.

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A Look At the 8th Amendment & Why It Is Important

 

The Founding Fathers had incredible foresight. They managed to create a system of government that was not only effective, but that resisted mob rule encouraged a well-read citizenry and demands/protects man’s basic freedoms. The system they left continues to be a well-structured system of government for a prosperous representative republic.  Although many Presidents and policymakers have often misinterpreted the framers and created laws that are not always consistent with the founding principles, this country still holds it’s Bill of Rights and amendments in very high regard. Let’s take a look at the 8th amendment and how it might apply to you today.

8th Amendment: Excessive bail shall not be required, nor excessive fines imposed, no cruel and unusual punishments inflicted.

This amendment essentially has two main components. The first deals with excessive bail fines for a defendant that has yet to see his full and official day in court. The second is the component of cruel and unusual punishment, which prohibits the use of cruel punishments— the language has always been a point of debate; for, how does one measure cruelty or the state of being unusual?

The Roots

Like a lot of things in America, the bail law was derived from Anglo-Saxon England. In this time period, however, justice functioned a lot differently. Unlike today, criminal justice was handled privately; family members were expected to avenge their loved one’s death/crime. A private citizen could actually kill someone that was sentenced to “outlawry.” Gradually this brutal system turned to one that bartered money instead of chaos. The system evolved, but people often faced a common problem about how to keep the accused nearby while they await trial. That is, how do they keep them from disappearing?

In medieval England, the sheriffs had discretionary power on how to set bail. This system was ripe for corruption, bribes, and special favors. In early America, the colonists brought with them their enlightened ideas of law and justice along with previously held laws in England. Slowly, the framers formed their own conception.

The Reason for Bail

Part of the reason why bail exists today is to ensure the appearance of an accused individual at trial. It basically keeps the person in the same jurisdiction and ensures that they will show up to court when they are scheduled. The Framer’s thinking behind the 8th Amendment was partly to ensure that localities didn’t set bail excessively high—although this did not mean that bail had to be particularly affordable or even available to everyone.

Ongoing Debate

There has always been a strong debate about the bail law. Most recently the debate has argued that bail amounts often make it difficult for low-class individuals to comply and is, therefore, a discriminatory law.  It is important to point out that the Framers never specified that there was a right to bail, but rather that the amount shall not be set excessively. In many cases, they left it up to the legislature to decide just which crimes could be bailable. Some attack money bail as unconstitutional not fully comprehending the reasons behind its actual implementation.  

How It is Determined & the Varying Factors

A judge can actually refuse bail for a number of reasons. This can be due to excessive criminal history, a bad record of court non-appearances, and misconduct, etc. Judges can also consider a defendant’s financial status although it is not necessarily required. Some misdemeanors will have standard bail amounts, but the judge also has the discretion to raise or lower them based on circumstances and other factors.

Trust Freedom

The modern commercial bondsmen began emerging at the turn of the 20th century. Getting arrested is no picnic. There are probably a thousand questions popping up through your head in those moments. You don’t want to spend any time in jail as you wait your trial. Freedom Bail Bonds wants to help you to be secure in your wait until your court

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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.