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 Post subject: Private Bail Uunder Attack
 Post Posted: Mon 06 Jun 2011 12:55 
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I have come across several articles over the last week about different legal organizations pushing for the elimination of private bail. It seems to be a coordinated effort.

Here are links to the ABA and the Public Defenders stories about pre trial release services agencies.

Everyone should contact their surety company and state association to begin a plan to deal with this problem. Otherwise we may be going out of business sooner than we think.

http://www.abanow.org/2011/05/pre-trial ... ent-crime/

http://nlada.net/sites/default/files/na ... 042011.pdf


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 Post subject: Re: Private Bail Uunder Attack
 Post Posted: Mon 06 Jun 2011 13:39 
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What country am I in?? Isnt there a Constitution that speaks to this? What about right to fair bail, thats what is needed. If "someone" can "decide" who gets what bail or no bail at all that opens us up to a whole lot of favoritism, pay offs, etc..more corruption, more deficit.

This is crazy... The states that have done this are hurting.. why would we want to follow suit?! I guess were already so far in the red, whats a few more billion added to the deficit by criminals.


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 Post subject: Re: Private Bail Uunder Attack
 Post Posted: Mon 06 Jun 2011 14:36 
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What we need to understand is that this lunacy benefits somebody. God save me I don't know WHO.......but somebody in a house on a hill, or some similar metaphor, will benefit from this. It is up to us to explain to the general public, and to the lawmakers with a from-the-ground-up grassroots approach, how and why the abolition of commercial bail would be devastating both to our financial situation AND our public safety. It really is a simple and compelling arguement, ours I mean, but somebody isn't listening. We need to know why.

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 Post subject: Re: Private Bail Uunder Attack
 Post Posted: Mon 06 Jun 2011 15:55 
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I know!!! I know!!! :shock: Its governments way to control MORE of the finances in the country.... MORE government... They want their hand in EVERY aspect of any kind of financial industry in this country.


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 Post subject: Re: Private Bail Uunder Attack
 Post Posted: Mon 06 Jun 2011 16:09 
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The Criminal Defense Attorneys have always felt that they compete with us. If the defendant has to pay bail, they don't have the money for the attorney. While it is against the law in some jurisdictions to refer clients to Attorneys, it does create a good business relationship. This economy has hit the Attorneys as well and they are scrambling to take food off of our plate to feed themselves.

Scott

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 Post subject: Re: Private Bail Uunder Attack
 Post Posted: Mon 06 Jun 2011 21:17 
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Mdbtyhtr wrote:
The Criminal Defense Attorneys have always felt that they compete with us. If the defendant has to pay bail, they don't have the money for the attorney. While it is against the law in some jurisdictions to refer clients to Attorneys, it does create a good business relationship. This economy has hit the Attorneys as well and they are scrambling to take food off of our plate to feed themselves.
Scott


Agreed Scott !



So far have not been hearing any wind of this here . . . will keep ears and eyes open and will do all that I can to assist and dig up info for those that need it.

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 Post subject: Re: Private Bail Uunder Attack
 Post Posted: Mon 06 Jun 2011 22:13 
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Bingo Scott!

Also remember, judges, prosecutors and defense attorneys are all lawyers. Most are required to belong to their state BAR associations.

So they can plan or plot together against private bail.

If we don't get just as organized very soon with bail agents, recovery agents and surety companies, it will be McDonalds or unemployment.


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 Post subject: Re: Private Bail Uunder Attack
 Post Posted: Fri 10 Jun 2011 14:20 
 
tsuggs wrote:
...they can plan or plot together against private bail.

If we don't get just as organized very soon with bail agents, recovery agents and surety companies, it will be McDonalds or unemployment.



Exactly right, Tony. Just in the last couple months, here in Colorado, we saw a sudden, out-of-the-blue attempt by Pretrial to team up with the courts, that would have legislated 10% bail by the courts as an option to commercial surety bail.

Senate Bill 186 would have given defendants a choice of paying 10% of the bond to the courts with no collateral and no real threat of being tracked down & returned to court if that defendant FTA'd (because, of course, so many D.A.'s offices are so reluctant to enter warrants...misdemeanors or felonies...into the NCIC system) OR of paying up to 15% of the bond AND providing collateral AND having to sign off on allowing the bondsman or his agents to fetch him up if/when that defendant FTA's.

Now which option would ya'll think looks better to a defendant? Had it passed, this, along with the huge expansion of pretrial services included in the legislation would have put all but the most established bond companies out of business, while inflicting great loss of income to those that could keep their doors open.

Our only saving 'grace' in this issue was that the bill died in committee because the legislative session ended. We are quite sure we'll be fighting this battle again, next year.

Our industry is being attacked hard and often, in Colorado, and we're certainly not the only state that those opposed to commercial bail are looking at with beady, greedy, lustful thoughts of dollars in their eyes.

If the industry, as a whole, doesn't wake up and organize to engage these battles we'll surely 'die' one hill (state) at a time. Speezak and I tried to bring these threats to light in threads that we both started last year.

Thanks for bringing it up, again, Tony. We can't get complacent and expect others to do the dirty work for us. All of us should get involved and it starts at the local level by educating our county commissioners first. The surety companies will be much more receptive to our calls for help if they can see that we've done our homework in our own A.O.'s first.

I'll get off the soapbox now but please, people, take a look at what we're facing and get involved.

Professional regards.
Bailagent100


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