Question #33: What do you think about the bail/bonds industry?
I believe that the bail/bond industry is exasperating our judicial system. Bail bond agents are yet another cog in the wheel. Another person, business, or organization making money off of people who are innocent till proven guilty. Ironically, Bail bond agents are almost exclusively found in the United States.
Amendment VIII. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
A bail bondsman, bail bondsperson, bail bond agent or bond dealer is any person, agency or corporation that will act as a surety and pledge money or property as bail for the appearance of a defendant in court.
Uniform Criminal Extradition Act - Uniform Law Commission maybe widely adopted but the laws governing the practice of bail bonds vary by state.
The American Bar Association and the National District Attorneys Association, oppose the practice of bond dealing. They claim that it discriminates against poor and middle-class defendants while doing nothing for public safety. The practice of commercial bail bonds is unlawful in the states of Illinois, Kentucky, Oregon, and Wisconsin.
"There are 18 states where theoretically anyone can become a bail recovery agent..." In most jurisdictions, bond agents must be licensed to carry on business within the state. Some insurance companies may offer insurance coverage that includes local bail bonds for traffic related arrests.
Generally Bond agents charge a fee of ten percent for a state charge and fifteen percent for a federal bail bond. This fee is not refundable and represents the bond agent's compensation for services rendered.
I don’t think the current system regarding bail bond agents is currently acceptable. We need to have this issue as part of judicial reform. We need nationwide standards. We need to go back to Amendment VIII. We need to use ROR - A release on your own recognizance (ROR), also known as known recognizance (OR) or personal recognizance (PR), is a written promise signed by the defendant promising that they will show up for future court appearances and not engage in illegal activity while out on an ROR. After all, you are innocent till proven guilty.
Other issues - that you waive your constitutional rights getting out on bond...even though you are innocent till proven guilty.
*Obviously, crimes of moral turpitude might call for excessive bonds/bail.
I am running for office to be the change I want to see. Thank you for your support and VOTE. #VoteWisdom4Congress
Adela Wisdom for US Congress - Running for US Representative in the 3rd District of Missouri. District 3 covers northern Jefferson County and extends north and west past the St. Louis area, covering much of east-central Missouri. Missouri's 3rd Congressional District consists of all or part of the following counties: Callaway, Camden, Cole, Franklin, Gasconade, Jefferson, Lincoln, Maries, Miller, Montgomery, Osage, St. Charles and Warren. I am eager to serve you and all the families in our district.
Contact me at:
9942 Shrand Lane
Williamsburg, MO 63388
Watch my Video discussion about Bail/Bonds click below: