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Custom Bail Bond essay paper sample

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Bail bond is a kind of written promise whose signatory authorization is by defendant or sometimes the surety. Either the defendant or surety is therefore required to make some payment specified by the court on occasion when the defendant defies the court order to appear during a proceeding related to the defendant. The main significance of bail bond is the ability of the defendant whose case awaits trial a release from custody by the law enforcers. The release of the defendant becomes executable when the defendant, his/her close friends and relatives or sometimes the bail agents  promise to pay a certain amount of money decided by the court depending on the allegations in case the defendants defiles court order on resuming during the trial date.

Mostly, this money paid as bail goes back to defendant once the trial is over and on condition that the defendant appeared in all the case proceedings in court. It is worth noting that, the bail is refundable to the defendant whether found guilty or not guilty of the alleged crime.

Bailing is a common practice in most countries and united state is not an exceptional. However, there are some instances where bailing is not granted in some courts. These include a suspicion by the court on likelihood of the defendant to fail appearing during the date set for trial.

Bail agents as a business

In most cases, defendants face a challenge in acquiring enough money to bail on their behalf. As a result, such defendants opt to seek assistance from bail agents on a condition that ten to twenty percent of the fee on bail is nonrefundable. This translates to bail agents becoming reliable to court in case the defendant fails to show up during the trial date in court.

Due to the risks associated to bailing, the bail agent prevents any kind of risk through enquiring some collateral securities in form of jewelry, written guaranties signed by creditworthy allies. In case the bail agent becomes suspicious of defendants who are not trustworthy and unreliable, they quickly withdraw their proposal to post such bail. These agents likes dealing with defendants who secures good jobs, familiar to the residents and clean record over crime.

The procedural process followed in bailing among the agent and the defendant any other parties of interest is through posting a bail, which is in form of bail bond in the court where the defendant is tried. This is in confirmation that the defendant will appear in court on a certain date when proceedings on case related to him/her would happen. Once the bail bond is availed to the court, it is the duty of the court clerk to issue bail ticket or an authorized document to the police in order to inform them on completion of bailing agreement. On receiving the bail ticket by the police, the defendant becomes free from custody. The effectiveness of the bail bond becomes void once the defendant complies with court order by reporting during the proceedings. Other conditions that ends life of bail bond are associated with the defendant’s death or if the defendant faces other charges that may lead to detention, arrest or even imprisonment (Thefreedictionary, 2011).

In order to avoid cases that were experienced in England before the enacting of statute in 1272 (the statute defined the kind of offences that were legible for bailing alongside the offences that were not subjective to bailing) (Metzmeier, 1996), there is need to have strong laws on the bailing process. The application of bails has been in existence since time in memorial and their contribution in criminal justice system is remarkable. In united state, they enjoy the success of bailing system through the surety bonding. The utilization of surety bonding have formed a base for pretrial release that have attracted the attention of many writers and hence the coining of the phrase ‘community-based corrections’ some of the authors are Glick and Miller publication of 2008 (Krahl, 2011).

Besides the rich tradition on bailing where the defendant had to pay for their bails as stated by the judges, some commercial bail agents have increasingly ventured into bailing business. This move has an approval of the American Legislative Exchange Council who has highlighted some benefits accrued to commercial bailing (American Legislative Exchange Council, 2009).

Contribution of commercial bail agents

To start with, they have played an important role in assisting court’s efforts of maintaining the social control on the defendant. The closeness between the commercial bail agents and their clients (defendants) facilitates the availability of the defendant appearing in the court, which eases the courts proceedings and avoid cases piling in court due to defendants appearance failure.

Secondly, the presence of these commercial bail agent supplements the economy that have been performing poorly in terms of security. There has been increasing demand for security provision by the police that has increased the workload for the law enforcers. The commercial bail agents has intervened the problem by keeping the defendants at pace hence giving the police force  chance to devote their efforts to other matters of importance such as crime prevention and suppression among the members of the public.

In another point to note, there have been improvements of cases management in our courts through the assistance of the commercial bail agents. They (commercial bail agents) have resolved a problematic scenario where courts could make mistakes on the date of hearing of certain case of their clients. There is good information sharing between the bail agent and the court on various cases hearing date.

In addition, the presence of surety bonding industry resolved the instances of jail overcrowding through release of defendants on bail basis. The surety bonding industry also makes sure that all the defendants who qualify a release from custody get a bail bond.

Lastly, these commercial bonding industries earn the state some revenue through their daily operations. Upon the defendant failure to adhere to court ruling about his/her appearance in court, the bonding agent is supposed to pay the state.

State’s savings emanating from commercial bailing/ surety bonding industry

Apart from the money the government gain from the commercial bail agents, there are benefits enjoyed by the government. Many of the states have been able to save taxpayers money thanks to the industry existence.

For instance, one of the counties in Florida known as Pasco County abandoned the unsecure pretrial release program in 2007 for reasons associated with the burden of such program. Luckily, the county managed to save 348,000 dollars of taxpayers’ money annually since the abandoning of the pretrial release program. Although Fear  mounted the county on possibility of jail overcrowding due to termination of pretrial release but to surprise of many people, the situation was in favor of the county since from an analysis conducted it revealed that the per capita jail occupancy reduced by two point two percent in the preceding year.

In another instance, the effectiveness of the surety bonding was clear in saving taxpayers money. In Florida, surety bonding company had good reputation since it saved an approximately 500 million dollars of Florida’s taxpayers money. Were it not for the company, all this taxpayers’ money could have been lost through pretrial detention in the past three years (Krahl, 2011, p. 32). On the same note, this state spends around 1.8 billion dollars annually in construction of houses for inmates. The surety bonding if well implemented can save all this money.

Table 1:Comparison of Largest Florida Counties with Remainder of State Detention Cost Savings, Costs of Detention, and Detention Costs Without Surety Bonding

 

Annual Total and

Average Detention

Cost Savings

 

 

Average Per Diem

Rate

 

Annual Total and

Average Cost of

Detention

Annual Total and

Average Detention

Costs Without

Surety Bonding

Statewide – All

Counties Across

Florida (n=67)

 

$ 404,231,161

$ 6,033,301

 

$ 64.33

 

$1,810,820,137

$ 27,027,166

 

$2,215,051,297

$ 33,060,467

 

Largest Counties

in State (n=14)

 

$ 277,855,096

$19,848,935

 

$ 87.49

 

$1,298,706,274

$ 92,764,734

 

$1,576,591,370

$ 112,613,669

 

Remaining

Counties in State

(n=53)

 

$ 126,346,064

$ 2,383,888

 

$ 58.21

 

$ 512,113,863

$ 9,662,526

 

$ 638,459,927

$ 12,046,414

Source: (Krahl David 2011, p. 49)

The effectiveness of the bail bonds on assuring the defendant’s appearance in court

Regardless of the presence of many strategies used by the courts to release defendants on bail bonds, the surety bonding proved to be the best. For instance, block (2005) study on over 20,000 cases from California revealed that the effectiveness of surety bonding outdid other means such a release on recognizance (ROR) and conditional release (CR). The standards laid through the surety bonding have great impacts on the defendants that make them adhere to the court orders. In California, one of the largest states in US, surety bonding through commercial bail agent has potential of saving taxpayers’ money amounting to approximately 1.3 to 10 million dollars on fully adoption on behalf of ROR and CR.

The surety bonding increases the likelihood of the defendant to appear in the court for several reasons. According to Helland and Tabarrok, the public supported the commercial bailing as opposed to pretrial release of the defendants. The public’s opinion reflects on means of reducing the burden since the pretrial release get funding from their money. It is clear that unsecured pretrial release have many disadvantages in its operation as compared with commercial bailing. Their conclusion was that, commercial bailing was safer and public had no expenses to incur (Helland and Tabarrok, 2004).

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