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Interesting - For Profit Bail Bonds Legal only in U.S.

 
 
cjhsa
 
Reply Tue 29 Jan, 2008 11:56 am
http://www.nytimes.com/2008/01/29/us/29bail.html?hp

I never knew this. Certainly the bail bond businesses that lined the streets near the courthouses and jails of San Jose attracted a tough crowd, that much was obvious. I figured the bondsmen were probably just as tough, and I was right. What I didn't realize was that for profit bail services are illegal internationally but not in the U.S.

What's your take on this? Does it cause judges to set bails artificially high? Do you think they are in cahoots with the bondsmen?

I know if I got arrested (on a false charge) and had my bail set at some outrageous amount, I'd certainly want the option to pay someone to get me the hell out of there.
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Type: Discussion • Score: 1 • Views: 854 • Replies: 21
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dyslexia
 
  1  
Reply Tue 29 Jan, 2008 11:58 am
I can't imagine
Quote:
I know if I got arrested (on a false charge) and had my bail set at some outrageous amount,
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cjhsa
 
  1  
Reply Tue 29 Jan, 2008 12:01 pm
I am a law abiding citizen Dys. Why would you think otherwise?
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Ticomaya
 
  1  
Reply Tue 29 Jan, 2008 12:41 pm
dyslexia wrote:
I can't imagine
Quote:
I know if I got arrested (on a false charge) and had my bail set at some outrageous amount,


You, sir, are an instigator.
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cjhsa
 
  1  
Reply Tue 29 Jan, 2008 12:43 pm
Do you have an opinion Tico?
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Rockhead
 
  1  
Reply Tue 29 Jan, 2008 12:44 pm
(pulls up a chair)
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cjhsa
 
  1  
Reply Tue 29 Jan, 2008 12:46 pm
Feel free to post something.

****, I just posted an interesting topic and ask a question, and all I get are (attempted) insults.
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Rockhead
 
  1  
Reply Tue 29 Jan, 2008 12:50 pm
I'm not insulting you yet, I have just never known Tico to be without 2 opinions, plus a backup. :wink:
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Ticomaya
 
  1  
Reply Tue 29 Jan, 2008 12:52 pm
The purpose of bond is to ensure the defendant will show up for trial if released, and also to protect the community from a dangerous violent offender, depending on the crime charged. I don't have any experiences that lead me to believe any of the judges I've dealt with have modified bond amounts based on any prior arrangement with bail bond companies/individuals, but that's not to say it doesn't occur. Some states have bond schedules they have to follow.
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ebrown p
 
  1  
Reply Tue 29 Jan, 2008 01:07 pm
Cjhsa is innocent until proven guilty.
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cjhsa
 
  1  
Reply Tue 29 Jan, 2008 01:08 pm
So why have other countries made the practice illegal?
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Ticomaya
 
  1  
Reply Tue 29 Jan, 2008 01:32 pm
Not sure. Maybe the other countries like their customary way of doing things.

Some countries don't allow prisoners to be released from custody pre-trial at all.
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dyslexia
 
  1  
Reply Tue 29 Jan, 2008 01:38 pm
cjhsa wrote:
Feel free to post something.

****, I just posted an interesting topic and ask a question, and all I get are (attempted) insults.
yes indeed, the implication of "false charges" is an awesome/interesting topic. I was once arrested for"reckless endangerment" (riding my sled at top speed in pedestrian traffic) NO bond so I spent the night in jail. Bummer for sure.
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Walter Hinteler
 
  1  
Reply Tue 29 Jan, 2008 01:41 pm
In many other countries we have "remand" = detention of suspects before trial or sentencing.

In Germany, this is regulated in the Criminal Procedure Code (Strafprozeßordnung, StPO):

Quote:
Section 112. [Admissibility of Remand Detention; Grounds for Arrest]
(1) Remand detention may be ordered against the accused if he is strongly suspected of the offense and if there is a ground for arrest. It may not be ordered if it is disproportionate to the significance of the case or to the penalty or measure of reform and prevention likely to be imposed.

(2) A ground for arrest shall exist if on the basis of certain facts:

1. it is established that the accused has fled or is hiding;

2. considering the circumstances of the individual case, there is a risk that the accused will evade the criminal proceedings (risk of flight); or

3. the accused's conduct gives rise to the strong suspicion that he will

a) destroy, alter, remove, suppress, or falsify evidence,

b) improperly influence co-accused, witnesses, or experts, or

c) cause others to do so,

and if, therefore, the danger exists that establishment of the truth will be made more difficult (risk of tampering with evidence).

(3) Remand detention may be ordered against an accused strongly suspected of an offense pursuant to section 129a subsection (1) or pursuant to sections 211, 212, 220a subsection (1), number 1, sections 226, 306b or 306c of the Penal Code, or insofar as life and limb of another have been endangered by an offense pursuant to section 308 subsections (1) to (3) of the Penal Code, even if there is no ground for arrest pursuant to subsection (2).



Those 'remand prisons' are seperated from others, the 'remand prisoners' have more right than others (e.g. can order meals from outside restaurants, private clothes, etc).


Bails are regulated in the same code:

Quote:
116. [Suspension of Execution of the Warrant of Arrest]
1) The judge shall suspend execution of a warrant of arrest which had been issued only for risk of flight if less incisive measures sufficiently substantiate the expectation that the purpose of remand detention can be achieved thereby. In particular, the following measures may be considered:
... ... ...
4. the furnishing of an adequate security by the accused or another person.

Section 116a. [Suspension on Bail]
(1) Bail shall be furnished by depositing cash or securities, by pledging property or in the form of surety by suitable persons.

(2) The judge shall determine the amount and type of bail at his discretion.

(3) The accused who applies for the suspension of execution of the warrant of arrest upon furnishing bail and who does not reside within the territorial scope of this statute shall be obliged to authorize a person residing in the district of the competent court to receive service on his behalf
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Walter Hinteler
 
  1  
Reply Tue 29 Jan, 2008 01:48 pm
Ticomaya wrote:

Some countries don't allow prisoners to be released from custody pre-trial at all.


Since we have the principle of in dubio pro reo you can't become a 'normal' prisoner before a trial. And you not only can be released before pretrial but only a few (compared to the number of trials) are indeed in remand prisons.
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Ticomaya
 
  1  
Reply Tue 29 Jan, 2008 02:03 pm
dyslexia wrote:
yes indeed, the implication of "false charges" is an awesome/interesting topic. I was once arrested for"reckless endangerment" (riding my sled at top speed in pedestrian traffic) NO bond so I spent the night in jail. Bummer for sure.


Dys' "sled":

http://img81.imageshack.us/img81/4139/c85728tj3.jpg
0 Replies
 
Ticomaya
 
  1  
Reply Tue 29 Jan, 2008 02:06 pm
Walter: "strongly suspected of the offense"?

Is that where you really, really think he did it?
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Walter Hinteler
 
  1  
Reply Tue 29 Jan, 2008 02:11 pm
Ticomaya wrote:
Walter: "strongly suspected of the offense"?

Is that where you really, really think he did it?


When all (or nearly all) evidence 'proves' it = when the procecution can explain it that way towards the examining judge.
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Ticomaya
 
  1  
Reply Tue 29 Jan, 2008 02:13 pm
Walter Hinteler wrote:
Ticomaya wrote:
Walter: "strongly suspected of the offense"?

Is that where you really, really think he did it?


When all (or nearly all) evidence 'proves' it = when the procecution can explain it that way towards the examining judge.


No need for a trial then, huh? :wink:
0 Replies
 
Walter Hinteler
 
  1  
Reply Tue 29 Jan, 2008 02:27 pm
Ticomaya wrote:

No need for a trial then, huh? :wink:



I've attended such interrogation a couple of times. You never know what judge is on duty - better: you know that. And you know how she/he usually sees what in what light.
So the prosecution certainly presents the facts accordingly.


Sometimes, this doesn't work. Usually, it does. Not rarely, superior courts have a different opinion :wink:
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