Part 1

It’s late at night; all is right with the world. And then, the phone rings.

The phone did indeed ring for “David,” a longtime Hanford reader.

“My 28-year-old brother-in-law, Rod, was arrested for burglary and is in jail. My wife – his sister – is worried that Rod will literally go completely nuts if he remains in jail, as he is bipolar.”

“Off his meds – for the umpteenth time – he went into a Target store, filled a shopping cart with things he already has at home and clearly does not need more of, and then pushed the cart right out the front door!”

“The bail is $50,000. I have never bailed anyone out of jail before, but I have seen lots of television shows about bail agents and bounty hunters – like ‘Dog the Bounty Hunter’ – and frankly I’m a little concerned of getting involved with this element, especially if Rod refuses to come to court.”

“I want him to stay in jail, as he creates these nightmares for the family. But my wife is in tears and just wants him out. I love my wife, and seeing her so worried and crying even has me reaching for the Kleenex.”

“If we do hire a bail bondsman, what happens if he skips out? Will we wind up like the people Dog goes after? How much could it cost us? We don’t really understand how bail works. We read you in the Hanford Sentinel, and if you could give us a call, it would be really appreciated. Thanks, David.”

Big difference between bounty hunter and bondsman

I discussed David’s concerns with bail bondsmen in the San Francisco Bay Area, Hanford and Bakersfield. Each felt that – while entertaining – the Dog TV show has created a completely false image of what bail agents do, “and of the vital role in our system of justice,” as Eddie Brieno, of Hanford-based Eddie Brieno Bail Bonds views the problem.

“On a daily basis, we strive to distance ourselves from these TV guys. The image of a bondsman has been greatly distorted by both movies and television. Often the characters were shown as criminals themselves. Many of these shows go way too far, painting a distorted image of bondsmen. The shows make the exceptions look like what’s normal. In reality, if you are looking for a boring business, with not much excitement, then become a bail bondsman!” Brieno told me with a broad smile.

Bakersfield’s Brandon Poser and Sherief El-Ansary, owners of Patriot Bail Bonds, believe there is a “stigma about the way you could be treated by someone like Dog, being yelled at, shown no empathy whatsoever. He and other characters from the movies illustrate the confusion between a bondsman and bounty hunter,” they point out.

Tony Suggs is the media relations officer for the California Bail Agents Association. A bondsman himself, he wants the public to understand the difference between a bondsman and recovery agent.

“A bondsman handles the paperwork to get the defendant out of jail pending trial or other court proceedings. A bail contract requires that person to show up for all court appearances. It also authorizes taking that person into custody if he or she breaches the contract, by not making every court appearance. If a defendant fails to appear, or skips town, it is the recovery agent’s job to bring them back,” he explains.

It starts with a phone call

“Unless you have bailed someone out of jail before,” Patriot’s Poser observes, “there are lots of questions, and it can be a bit scary. If you’ve never had contact with law enforcement, jails or the court system, it’s all new. A bondsman should take the time to explain the process – what happens once a person is arrested.”

“Movies and TV make it appear that bailing out of jail is only a matter of calling a bail bond company, and quicker than counting from one to 10, out you walk. In reality, it can easily take up to 12 hours from the arrest to be released on bail,” he points out.

Why so long? “The process is complex,” explains Tony Suggs. “After being arrested, the booking process begins. This includes obtaining detailed personal information, finger prints, photos, entry of that information in a nationwide database, and a search for warrants from other states. Often, outstanding warrants do show up, and on occasion, because of name similarities, the wrong person has been arrested.”

After booking, it can take from two to four hours for bail to be set. This is the stage where the rubber meets the road, where family and friends will decide to bail or not to bail.

Next week, “What am I getting into?”

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

The post Before you bail someone out of jail appeared first on Dennis Beaver.

It is the last type of phone call anyone wants to receive: A family member is in jail. “Please, bail me out!” is their plea. But, should you?

Hanford Bail Bondsman Eddie Brieno knows only too well the impact of such calls. “So much is going through your mind at that time. For most parents – whose children have never been in trouble with the law before – the initial reaction can be close to panic. What happened? How serious is this? Will they be hurt by some violent inmate? I’ve got to get them out! Who do I call?”

The person most often contacted at that time will be a bail agent, also referred to as a bondsman.

“Next to hearing the doctor announce a serious health issue, this is one of the toughest situations for an individual, family or close friends ever to be in. When we arrange bail, the feeling of relief is beyond words,” Brandon Poser of Bakersfield-based Patriot Bail Bonds told me, showing a great deal of pride in his ability to help families in these stressful times.

In my discussions with bondsmen from Hanford, the San Francisco Bay Area, and here in Bakersfield where I practice law, something immediately became apparent:

“There is a great deal of misunderstanding about how bail works, and of the responsibility of the friends and family who sign bail contracts,” according to Tony Suggs, Spokesperson for the California Bail Agents Association.

Someone needs to say no

“In what can easily be a panic situation, somebody needs to calmly step in and determine if that person in jail should be bailed out – if it seems likely they will fail to appear in court, skip town, leaving those people who signed the bail contract on the hook. That’s an important part of a our job, being able to say no,” Hanford’s Brieno stressed.

“The question that too few people ask themselves is perhaps the most important: ‘Should I assume what could be a huge financial obligation, to bail someone out of jail who may very well skip?’ This is especially true where the court sets an extremely high bail. The reason is usually because that person is a flight risk,” he pointed out.

The concept of bail is based on a simple notion: Defendants in criminal cases who deposit money with the court are safe to be let out jail and will make their court appearances if they could lose that money by not showing up. At the end of the case, the money is refunded. If the defendant skips out, the funds are forfeited, and once found, it’s back to jail.

Of course, most of us do not have large amounts of cash sitting in a desk drawer, and that’s where a bondsman comes into the picture. For a fee – usually 10 percent of the bail amount – a “bond” is filed with the court.

“A bail bond is a contract, obligating us to pay the full amount of the bail to the court if the defendant fails to make his appearances. It also a contract with co-signers, who usually put up collateral – their home, for example – which could be sold to cover the bond. This rarely happens, but the risk of losing that property is real if the defendant skips,” as Sherief El-Ansary, also of Patriot Bail Bonds explains.

But in most cases, a defendant will make all court appearances, and once the case is over, the bond will be canceled (exonerated) by the court.

Where the defendant actually skips or fails to show up for court appearances, a warrant is issued. If the defendant is not located and returned to custody within 185 days, the bonding company must pay the bail amount to the court.

“If we can’t find him within that time period, co-signers are on the hook for the entire amount of the bond, as well as expenses incurred in looking for him,” the California Bail Agents Association spokesman said.

When in doubt about flight – speak up!

What should you do if you are concerned the defendant you co-signed for will skip? Patriot’s Poser left no doubt about what absolutely must occur:

“Tell us immediately! This is the basis for a surrender. We obtain a written statement from a co-signer and take this to the judge. We will then be authorized to take that person into custody and bring them back to the jail. This ends your continuing financial obligation.”

If you are a co-signer, understand that you are on the hook financially until the case is over, which could mean years. There is a difference between being a good friend and a sucker.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

The post Get me out of jail! – Part 2 appeared first on Dennis Beaver.