Wednesday, January 13, 2016

Future Of Bail Bonds

Future Of Bail Bonds Find more on: www.crimeanalystblog.net

prison-482619_960_720There has been a lot of talk lately about abolishing the bail bonds system. While we think this is a ways off, there are some interesting things that need to be addressed before this can be implemented country wide. There are a few places that are experimenting with different ways to allow people to be released on their own recognizance. But the courts have to have a sure way of determining if a defendant is a threat to society and the likely hood that they will show up for their appointed court date. At the same time the courts need to insure that the system is fair for everyone. Mobile Alabama is among some of the first places to allow people to leave jail without having to post a bail bond. WTVM.com recently reported this about how they have changed the system for 29 different charges to allow people to leave without posting bail - and here is a piece of what they have to say as well as local bondsman:  

MOBILE, AL (WALA) - Some misdemeanor offenders are now able to sign themselves out of jail - without paying bail. It's called "release by personal recognizance," and it's been signed into action by Mobile Municipal Court Judge Holmes Whiddon. Municipal Court officials told FOX10 News this policy change will reduce jail overcrowding, and the amount of tax dollars spent to house misdemeanor criminals who can't afford to bond out of jail. However, some are fearful this could cause a "crime with no consequence" culture. The order of pre-trial release, signed by Whiddon, allows people arrested on non-violent Municipal Court charges to sign themselves out of jail once they've been booked in - no bail, or bond hearing involved. "They get booked, they get a court date, and they get out," explained Nathan Emmorey, Chief Municipal Court Administrator for the City of Mobile. Who's eligible? The policy applies to 29 different charges, including harassment, prostitution, public intoxication, or theft of property. The order has also reduced the bond costs for the more violent crimes, like assault or domestic violence. Emmorey said this is something that's been in the works for several months. He said quite often, folks were spending far longer in jail than they would have served if convicted, only because they couldn't afford to bond out before their next court appearance. Emmorey said he and the judge met with several stakeholders around Mobile, like the mayor and the jail warden, to get input about the policy change. He's confident this is a positive step for the city. "To me it's a very important step forward in treating people right, that's what it comes down to, is treating people right," he said. "If we don't think that a bond gets someone to court, we've decided not to have the bond. That's pretty remarkable in local government to have everyone agree, 'hey, you're right, we're going to change, because what we're doing wasn't working.'" Bail bondsman: Policy could cause "crime without consequence" Some bail bondsmen said not only will this policy be tough on their business, they also believe it will cause offenders to skip their court appearances. Bounty hunters work for bail companies with the sole responsibility of watching those offenders and making sure they make their court appearance.
Continue reading the story here - http://www.wtvm.com/story/30850545/some-arrestees-can-now-sign-themselves-out-of-jail-no-bond-payment-required-in-mobile-municipal-court There are a lot of good arguments for both sides of the story, such as the bail bonds system is not fair and geared more to the rich and punishes the poor. At the same time bondsman and others argue that many of these people won't return for court once released. This is something that really needs to be addressed. With using a bondsman now if a person skips court then the bondsman is on the hook for the full amount of the bond or to produce the defendant. If they eliminate the bondsman who will go and pick up these fugitives? 6469630761_05bc88cc85The answer is  - someone in government, be it police or whoever, and that means tax dollars. The police are already over worked and in most counties and cities around the country understaffed. So then more likely the government will have to employ more employees to get the job done. As far as punishing the poor and helping the rich, is that really the case? To us it seems more like they are arguing to punish the rich. If a business man has worked hard and gone to college to make a good living and provide for his family, sure he may have the cash on hand to give to a bondsman, or even pay the bond himself to be released from jail. As far as punishing the poor, many bondsman offer payment plans so that they can get released or have someone released from jail. Although be it that if they do abolish the bail bonds system than it would be more equal for the poor and the rich. But the question remains, when people don't show up for court - who is going to pick up these fugitives and make them go to court? For this reason we are in favor of keeping the current bail bonds system. The bondsman are doing the courts and the tax payers a service for making sure this happens. This is something that Rosa Fisher argues from Get Outta Jail GA who's bail bonding company in Cobb County Georgia is doing bail bonds all over the state. "We do the taxpayers a huge service. We take the risk of the persons full amount of their bond for just 10% of the amount by getting them released from jail. We offer people payment plans if they can't make the full amount. If they don't show up for court we go and get them and make sure they do. If we didn't do it than some government employee would have to go round them up" So are we a fan of abolishing bail bonds? Not really, and mainly because of the fact of what it will potentially cost us as tax payers. If someone or the system can come up with a way that won't put more of a tax burden on us or cause us to borrow more money as a nation, then we will be all for it. But until then, we say leave well enough alone.

Friday, January 1, 2016

Really? “Affluenza”?!

The following article Really? “Affluenza”?! is available on www.CrimeAnalystBlog.net

This is really puzzling to me and maybe it shouldn't be. Yes, I believe this young man needs to take responsibility for his actions. I actually think he got off pretty easy for murder, which is really what I believe it is if you a drunk and driving and get in an accident and kill someone. Kids no days really don't have any idea about the consequences for their actions, and it really comes down to the lack of parenting. I am glad to see that the mother was arrested and faces felony charges. Kelly Stevenson and Meghan Keneally of ABCNews.Go.com wrote a report on the situation -

[caption id="" align="alignnone" width="1600"] Mark J. Terrill/AP Photo[/caption] Tonya Couch, the mother of “affluenza” teen Ethan Couch, was arrested today by the Los Angeles Police Department on a felony charge after arriving back in the United States from Mexico. She was being held at the Metropolitan Detention Center in Downtown Los Angeles, police said, as they wait for Texas authorities to take her home. Texas' Tarrant County District Attorney has formally charged her with Hindering Apprehension of a Felon and set bail at $1 million. It is still unclear when she will be transported from California to Texas. Tonya Couch, 48, was escorted overnight by officials from Los Angeles International Airport, Terminal 2, to an unmarked Sedan. Couch, who was wearing handcuffs, did not say anything.
Read the full story here - http://abcnews.go.com/US/affluenza-mom-tonya-couch-held-felony-charge/story?id=36024813 Now it turns out that Ethan may use a legal tactic to stall deportation. What's the point? The sooner he gets back and faces the music the faster he gets done with his time that he has to serve. We found this report also from ABCNews.Go.com that tells the story -
Lawyers for a Texas teen who cited "affluenza" as a defense in a deadly drunken-driving wreck may be attempting to stall his deportation to the United States by claiming that Mexican authorities violated his human rights, according to legal experts. Ethan Couch, 18, won a delay in his deportation based on a constitutional appeal in Mexico that could lead to a trial process that could last weeks or even months. Any flaw in the process of his detention by Mexican immigration authorities can be considered a violation of due process and of his human rights, San Antonio attorney Javier Lopez de Obeso, who is licensed to practice in Mexico, said Thursday. "If the immigration authorities didn't act properly, he can find a way to stay in Mexico for more time," said Lopez. If the judge considering the appeal decides there was a mistake made in the process of detaining Couch, he could be released, and authorities would have to re-arrest him, Lopez said. Treaties between the U.S. and Mexico say that Mexican authorities have to respect Couch's warrant in the U.S., so unless he files for asylum, he will not be able to stay in Mexico indefinitely, said Aldo Salazar, a Texas attorney also licensed to practice in Mexico. "Asylum is granted to those who can prove a well-founded fear of persecution. I'm not sure 'affluenza' would qualify," said immigration attorney Nicolas Chavez. Tarrant County Sheriff Dee Anderson has said he believes Couch and his mother fled to Mexico in late November after a video surfaced that appears to show Couch at a party where people were drinking, which would be a violation of his probation. The mother and son were arrested Monday after using a phone to order pizza delivery that was traced to a condominium complex in the Mexican resort city of Puerto Vallarta.
Continue Reading the article here - http://abcnews.go.com/US/wireStory/affluenza-teen-delay-deportation-human-rights-law-36043889 I believe this kid needs to be made an example of - throw the book at him and make an example, along with his mother. Kids now days need to know that there are consequences for their actions, as well as their parents.  

Sunday, December 20, 2015

FBI, U.S. Marshals join search for 'affluenza' teen

FBI, U.S. Marshals join search for 'affluenza' teen


FORT WORTH — The U.S. Marshal's Service and the FBI have joined the search for the Texas teen whose attorneys used an "affluenza" defense at his trial, and his mother.
Ethan Couch became notorious as a 16-year-old when a juvenile court judge gave him 10 years probation and treatment after Couch killed four people in a drunk driving crash.

 Couch was behind the wheel of his family's white pickup truck in June 2013 when it plowed into a group of good Samaritans trying to help a stranded driver. Nearly a dozen others were injured in the crash.



His “affluenza” defense — that he had grown up with a sense of entitlement and developed poor judgment after being coddled by his wealthy parents — and lack of jail time triggered an emotional reaction across the country.
Ethan and Tonya Couch disappeared sometime in early December, about the time a video hit Twitter appearing to show him laughing at a beer pong party. Terms of his probation forbid use of alcohol.

For more of this story:  http://www.11alive.com/story/news/nation-now/2015/12/18/fbi-us-marshals-join-search-affluenza-teen/77564740



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