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Celebrities Are Just Like Us – They Skip Out on Bail Too!
At least they do if they’re Randy and Evi Quaid, trying to flee the clutches of the “Hollywood Star Whackers” they claim may have killed Heath Ledger and David Carradine. Glad I don’t live in their world.
Randy and Evi are wanted for felony vandalism and misdemeanor trespass. In November 2010 they skipped bail and fled to Canada. Now they owe some bail company in California $1,000,000.
In cheesy and fame-seeking Hollywood fashion, Dog the Bounty Hunter and his posse got involved in September and October, offering to negotiate the Quaids surrender, and sending a mixed series of messages suggesting that if the Quaids didn’t turn themselves in, he’d want to go after them, but at the same time stating that he couldn’t because Dog would be breaking the law by trying to apprehend them on Canadian soil. Dog’s wife also, and quite rightly, drew attention in her blog to the possible financial hardship the Quaids may have caused the bail bond company that helped them – $1,000,000 is a lot of money, and most people notice when they have to give that sort of money up.
Randi and Evi are currently featured on Dog’s homepage, under the title “DOG’s MOST WANTED”, and they are also featured on Dog’s wife’s blog.
It’s going to be interested to see if this one goes anywhere…
What is the highest bail amount ever charged in the U.S.?
The highest bail amount set in the U.S. was $100 million for the bail of Galleon Group founder Raj Rajaratnam. The bond was secured by $20 million in property and cash. Rajaratnam was arrested in October 2009 on insider trading charges: fourteen counts of conspiracy and securities fraud.
Given Rajaratnam’s assets, the judge determined that $100 million bail would be enough to incent the accused to come to court.
Apparently that was a sufficient amount to prevent Rajaratnam from fleeing – in October 2011 he was sentenced to 11 years in Massachusetts prison, in addition to a $63.8 million fine. The SEC also fined Rajaratnam $92.8 million.
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Bail Bondsman License: Should Your Bondsman Have One?
Each state has different rules on the bail bonds licensing. Illinois, Kentucky, Oregon and Wisconsin have banned commercial bail bonds. Usually those states provide an alternative to commercial bail, such as paying 10% of the full bail amount to the court. Some allow AAA and other organizations to provide bail services under their insurance or membership agreements.
In most states where commercial bail bonds are allowed, bail bond dealers must have a bail bondsman license to do business in their state, and those licensing requirements do vary. Generally though, there are educational requirements that must be met. Once the required classes have been taken, and any other requirements have been met, a license application is submitted to the state insurance office. Be sure to check the specific requirements and rules with your state licensing agency if you are interested in becoming a bail bondsman.
Acting as a bail bondsman without a license can lead to arrest and criminal prosecution. Some states have been noticing an increase in unlicensed bail bondsman criminal cases. For example, Department of Insurance investigators in North Carolina reported a 66% increase in such cases in recent years. The requirements that a bail bondsman be licensed are for the purpose of protecting you, the consumer, during a typically difficult and stressful time. Make sure any bail bondsman you use for bail services is properly licensed.
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Bail Denied…
Here’s a great example of bail being denied:
On November 7, 2011, Conrad Murray was recently found guilty of one count of involuntary manslaughter in the death of Michael Jackson. Sentencing was scheduled for November 29. But, in the meantime, what to do with Murray? Take him into custody or set him free on bail until the hearing?
Weighing the fact that Murray has no prior criminal record and the fact that he has appeared for all hearings against other factors such as the seriousness of the crime, the protection of the public and the fear Murray may not show up for sentencing, the judge denied bail – leading to a surprised look on Murray’s face and his being escorted out of the courtroom in handcuffs.
Although Murray is facing up to four years in prison, new sentencing laws in California (whose goal is to reduce prison overcrowding) mean he will likely end up in county jail with a shorter sentence because he is considered a nonviolent offender and has no prior record.
What is a Bail Premium?
A bail premium is the amount you pay a bail bondsman for his or her services. It is usually 10% of the bond ordered by the court at the bail hearing. Often people trying to make bail for their loved ones will try to negotiate this percentage down. However, you should be aware that there is a limit to how low a bail bondsman can go. Bail bondsmen can risk losing their licenses if they charge too little for their services, as this would defeat the purpose of a court requiring a bond for an accused person to be freed. Remember that the bond is supposed to be significant enough that it will be a strong incentive for the arrestee to show up for court hearings.
But what if you don’t have enough cash for the bail premium? Often you can offer your house, car or other valuable property. You would give the bail bondsman (or the court) a deed (for property) or pink slip (for an automobile) as collateral. Smaller valuable property can be physically turned over to the bondsman or court. However, if you are using a bail agent you will have to negotiate how to pay the bail premium back – you won’t get your collateral back until you have paid the bail premium to the bail bondsman.
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Evidence of Good Character: Eagle Scout Granted Bail
When a judge decides at a bail hearing whether bail will be granted, and if so, how much, some of the factors he or she considers are the nature of the crime, the character of the defendant, the likelihood the defendant will fail to appear in court for his or her trial and related hearing, and the danger to the community if the defendant is released.
An example of a judge taking evidence of good character into account was in the news recently. Last month, in Washington DC, a 22 year old man driving a car hit someone driving a scooter, sending the driver through the windshield of his car. He failed to stop. He dragged the scooter about a mile, with sparks flying, before he was stopped by armed police. According to police, he reeked of alcohol. He did not know his location, asking where in Pennsylvania he was. The driver of the scooter died later that night.
The judge granted $15,000 bail. The defense argued that the defendant had been an honor student, had never been in trouble with the law, and that he had been an Eagle Scout.
Keep in mind that the purpose of the bail system is to ensure that defendants appear in court, to protect the community from dangerous defendants, and to prevent interference with victims and witnesses. The US Constitution requires that bail “not be excessive.” Bail should not be granted or set higher than necessary to punish the defendant – after all, a defendant is considered innocent until proven guilty; and if a judge feels that a defendant will appear at hearings, and is not a danger to the community, pre-trial release should be granted, with an appropriate bail amount. Granting pre-trial release also relieves the burden on the jail system, which costs about $60/day per inmate nationally.
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What is a Bail Hearing?
The amount of bail is determined by a judge at a bail hearing which is held after the defendant has been arrested. At the hearing, the judge will grant or deny bail based on her assessment of whether the defendant is a flight risk and whether or not the defendant is a danger to the community. It is best if a defendant has an attorney present at the bail hearing because an attorney may present witnesses and compelling evidence that will show the judge that the Defendant is neither a flight risk, nor a danger to the community, and pre-trial release is more likely to be granted.
A person who is taken into police custody, by law, must have a prompt bail hearing – usually between 24 and 72 hours after being arrested. Often the bail hearing is combined with the arraignment. An arraignment is the hearing where the defendant is formally charged with a crime, and where he or she enters a plea of guilty or not guilty. Bail hearings can also be held at other points in the process.
During the bail hearing, the judge or magistrate will consider a number of factors in setting the bail amount (and also in denying bail). These factors include the crime itself, the defendant’s character and criminal history, the defendant’s financial resources and the strength of the defendants’ ties to the community. Witnesses, including family members, employers, doctors and teachers may be called to testify for the defendant.
It is very important to have a lawyer before the bail hearing so he or she has adequate time to provide support for the defendant’s good character. Failure to convince the judge can result in the defendant being detained without bail, which means the defendant will be unable to work, go to counseling (to show a judge during the trial he or she is making an effort to make amends for the crime) or be with family during the detention period. If a good case is made for the defendant’s character, the judge may even release the defendant on his or her own recognizance, meaning the defendant will be released with his or her promise to return to court when required, and without having to pay bail. If the judge decides money or property should be deposited with the court as a condition of pre-trial release, the defendant or the defendant’s family may post the amount required with the court. If they can’t afford bail, they may enter into an agreement with a bail bondsman, who would post bail for the defendant for a fee (usually 10% of the bail).
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What is a “Bounty Hunter”?
A bounty hunter is someone who captures fugitives, or “wanted” people for money (the “bounty”). Bail bondsmen usually employ bounty hunters to locate and bring in people who have skipped bail. Bounty hunters claim that they capture 90% of 35,000 people who jump bail each year.
In most states a bounty hunter can enter a fugitive’s property without a warrant to capture them, but cannot enter anyone else’s property without the owner’s permission or a warrant.
Licensing requirements for bounty hunters vary from state to state, with some states not requiring a license at all, and others requiring formal training before granting a license. If you want to become a bounty hunter, you should check with your state licensing offices.
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What is the purpose of bail?
According to the American Bar Association, the purpose of bail is to provide due process to the person accused; to ensure that the defendant appears at all court hearings; and to protect the community, including victims and witnesses, from danger or harassment.
Based on various studies, the importance to an accused person of being released pending trial cannot be overstated. If a person can’t make bail the financial consequences, along with the impact on their jail sentence, can be devastating. Those detained in jail cannot work, often cannot continue to make car, rent, or utility payments. They cannot take steps to improve their situation or to participate in their family and community. Furthermore, it has been shown that people who cannot make bail are more likely to receive longer jail sentences (and a reduced chance at probation), because they do not have an opportunity to show the court that they are taking steps to be productive community members and to make amends.
Imagine you are living in your car and it’s winter. At 9 p.m. you are so cold that you go to a store and attempt to steal four blankets to keep yourself warm. A security guard stops you, and you’re later arrested. Six months later you’re still in jail because you can’t make the $350 bail premium. Two months after that you’re released with time served but only after prosecutors require you to plead guilty to felony theft for the $30 blankets you tried to steal to keep warm. Your car has been repossessed and you’re homeless. You almost land a job doing maintenance, but when your almost-employer sees felony theft on your record, the offer is rescinded. NPR did a series of articles on the bail bond system in early 2010 and described this situation. More on that series later.