Debate with Bail Bondsman
To see the article online: http://www.ketknbc.com/news/debate-brewing-over-jail-bonds
“We’re seeing lots of cases of young, unstable people with drug charges, burglary charges, felonies, getting PR bonds,” Bobbitt said.
Since November 5th, I have seen more than 600 inmates, and of those I have released only 5 alleged misdemeanor drug offenders, 2 alleged nonviolent felony offenders, and one alleged misdemeanor drug paraphernalia offender (class C misdemeanor – same level as a traffic ticket) on PR bonds. There have been no alleged burglars that have been granted PR bonds by me. (Does he understand that I don’t set all the bonds in Smith County?)
“We have financial interest (in) getting people through court,” Bill Bobbitt, owner of Strike Three Bail Bonds, said.
You’ll have to explain that one to me because when people bond out of jail, they typically pay the bondsman a range of between 8 and 15 percent of the bond amount that is set by the judge. However, if that person fails to show for court and the bondsman pays a judgment for his/her obligation to the county, they typically pay 10 percent of the bond amount. That is not a huge financial incentive for them to ensure that the defendant appears in court.
“Judge Baker acts like a little school boy who got real mad because he lost the election again,” said Bobbitt.
Who’s acting like a mad little school boy? I’m not publicly running Mr. Bobbitt down for doing his job. And I’m not doing this with the intent to hurt Mr. Bobbitt or any other bail bondsman. I am doing what is necessary to ensure that we stay in compliance with the Texas Commission on Jail Standards by going to the jail twice a day to warn inmates of their rights, and when necessary, I set the bonds. I began this because we have a crisis at the jail. In my mind, the jail bond proposal was the solution, but because it didn’t pass we are looking for other solutions. My assistance at the jail is just one small part of that solution.
If Mr. Bobbitt hasn’t noticed, the numbers at the jail are down, the economy is down, criminal defense lawyer’s business is down, other businesses are suffering as well… perhaps Mr. Bobbitt needs a scapegoat, but I’m not the cause of his slump in business.
The amount of the bond is to be set: (1) to ensure that the defendant will appear in court: (2) not in amount to be used as an instrument of oppression; (3) in consideration of the nature of the offense and the circumstances under which it was committed; (4) considering the defendant’s ability to make bail; and (5) in consideration of the safety of the public and any victim of the alleged offense.
I read each file and consider each case on its own merits. I look at the criminal history of the inmate when it is available, and I set the amount of bail. This is the procedure used in all 254 counties in the State of Texas. The bonds I set have ranged from as little as $250 (for a traffic ticket) up to $1 million for a murder.
