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Started By
Message
re: BR convicted killer out on bond, behind the wheel during deadly police chase Monday.
Posted on 9/22/22 at 12:43 pm to Bjorn Cyborg
Posted on 9/22/22 at 12:43 pm to Bjorn Cyborg
quote:
$300,000 bail can bond out with $30,000.
$36,000, and that money is gone whether the defendant makes his court dates or not. And that’s the root of the problem with cash bail. All it accomplishes is separating those with means from those without. It does nothing to ensure that the individual will come to court, avoid further arrests, etc. It’s one of the things I think the federal system has right. Have a detention hearing. If they are a danger or flight risk, detain them. If not, release them without bail. The bail bond lobby is one of the largest and most powerful in the state, and it’s a fricking racket.
2
Posted on 9/22/22 at 12:45 pm to OysterPoBoy
quote:
You guys should team up and start a firm focusing on cock law.
Good idea…
Mikie, do you still have a pair of leather chaps that fit?
Posted on 9/22/22 at 1:06 pm to jbgleason
Drug dealer cash or some relative posted a property bond.
Posted on 9/22/22 at 1:12 pm to chinhoyang
quote:
Drug dealer cash or some relative posted a property bond.
Property bonds have to be made in full and the equity is determined by tax appraisal value, not real world equity. Not an issue for well off individuals for low to moderate bond amounts, but a $300,000 property bond is out of reach for the majority of wealthy people, to say nothing of the average person.
Eta: Just checked, and it was made through a commercial surety (read: bondsman).
This post was edited on 9/22/22 at 1:14 pm
Posted on 9/22/22 at 1:25 pm to Joshjrn
quote:
$36,000, and that money is gone whether the defendant makes his court dates or not. And that’s the root of the problem with cash bail. All it accomplishes is separating those with means from those without. It does nothing to ensure that the individual will come to court, avoid further arrests, etc. It’s one of the things I think the federal system has right. Have a detention hearing. If they are a danger or flight risk, detain them. If not, release them without bail. The bail bond lobby is one of the largest and most powerful in the state, and it’s a fricking racket.
You can parse this all you want, but the guy should not have been out on bail, period. And there is plenty of gray area in the law you posted to keep him there.
If the judge wanted him to stay in jail, he would've been in jail. There is the problem.
Posted on 9/22/22 at 1:26 pm to Joshjrn
So the majority of bondsman charge a 12% fee in EBRP?
Posted on 9/22/22 at 1:29 pm to Joshjrn
quote:
Property bonds have to be made in full and the equity is determined by tax appraisal value, not real world equity. Not an issue for well off individuals for low to moderate bond amounts, but a $300,000 property bond is out of reach for the majority of wealthy people, to say nothing of the average person.
Eta: Just checked, and it was made through a commercial surety (read: bondsman).
Damn, that is one stout bondsman's premium. I assume we're talking about some drug money.
BTW, in my Parish, with all the oil and gas money, there are some lower income folks who get out on large bonds because grandma puts up the oil and gas property.
ETA: I was getting gas this a.m. at a convenience store when a woman asked me the wisdom of bonding out her son ($82000 bond). Her mother was going to post a cash bond. A lot of poor black folks here are no longer poor (though often it is heirship property with a lot of heirs so the o and g income is diluted as far as the individual distributions go.
This post was edited on 9/22/22 at 1:31 pm
Posted on 9/22/22 at 1:30 pm to Bjorn Cyborg
quote:
You can parse this all you want, but the guy should not have been out on bail, period. And there is plenty of gray area in the law you posted to keep him there. If the judge wanted him to stay in jail, he would've been in jail. There is the problem.
As far as I can tell, the problem is that people want judges to “just follow the letter of the law” until it creates outcomes they don’t like, and then they want judges to either twist or ignore the law if it means outcomes that they do like. If you don’t like the law, call your congressman. But shitting on good judges who are genuinely trying to get it right is chickenshit.
Posted on 9/22/22 at 1:33 pm to Breauxsif
Posted on 9/22/22 at 1:41 pm to Joshjrn
quote:
As far as I can tell, the problem is that people want judges to “just follow the letter of the law” until it creates outcomes they don’t like, and then they want judges to either twist or ignore the law if it means outcomes that they do like. If you don’t like the law, call your congressman. But shitting on good judges who are genuinely trying to get it right is chickenshit.
i just re-read the bond law you posted. There are no changes in the law needed. There are plenty of gray areas that allow the judge to interpret and offer bail or not. This judge chose to allow a convicted killer to bond out, and it appears he has killed again.
From what I see, judges do what they want with little oversight. Erring on the side of criminals is a choice that they make. A conscious choice.
You can defend it if you want, but if the judge wanted him to stay in jail, he would've been in jail - without ignoring the law.
Posted on 9/22/22 at 1:45 pm to Bjorn Cyborg
quote:
i just re-read the bond law you posted. There are no changes in the law needed. There are plenty of gray areas that allow the judge to interpret and offer bail or not. This judge chose to allow a convicted killer to bond out, and it appears he has killed again. From what I see, judges do what they want with little oversight. Erring on the side of criminals is a choice that they make. A conscious choice. You can defend it if you want, but if the judge wanted him to stay in jail, he would've been in jail - without ignoring the law.
Please cite me the evidence you have that “proof is evident and the presumption of guilt is great”. Take as long as you need.
Posted on 9/22/22 at 1:49 pm to Joshjrn
quote:
Please cite me the evidence you have that “proof is evident and the presumption of guilt is great”. Take as long as you need.
Who challenges the judge? What level of evidence is required?
It seems this is up to the judges opinion.
Posted on 9/22/22 at 1:51 pm to Bjorn Cyborg
This isn’t a local case but a national one…
Guy in North Dakota runs over and kills a teenager for political reasons, flees scene, and admits it. $50K bond when he should have been held without bond, as fleeing the scene of an accident like that implies you would flee the state to avoid prosecution.
Guy in North Dakota runs over and kills a teenager for political reasons, flees scene, and admits it. $50K bond when he should have been held without bond, as fleeing the scene of an accident like that implies you would flee the state to avoid prosecution.
Posted on 9/22/22 at 1:53 pm to Breauxsif
quote:
Derian Bailey was driving and remains hospitalized following the crash
I, for one, think it would be terrible if some vigilante deprived this mongoloid of his day in court by slipping a little something into his IV.
Posted on 9/22/22 at 1:54 pm to Bjorn Cyborg
quote:
Who challenges the judge? What level of evidence is required? It seems this is up to the judges opinion.
The State or the defense can request a contradictory hearing either before bond setting or if they disagree with the Court’s initial finding. The State would bear the burden of proving that the “proof is evident and the presumption of guilt is great” of the arrested offense as well as proving by clear and convincing evidence that the individual is either a danger or a flight risk.
This is literally enshrined in Declaration of Rights section of the Louisiana Constitution. I’m a bit surprised at how quickly people want to gloss over that.
This post was edited on 9/22/22 at 1:58 pm
Posted on 9/22/22 at 2:04 pm to Joshjrn
So, a judge is about to have a decision whether to let a potential three-time killer out on bond? How should an honest, upstanding judge rule?
Posted on 9/22/22 at 2:12 pm to Bjorn Cyborg
quote:
So, a judge is about to have a decision whether to let a potential three-time killer out on bond? How should an honest, upstanding judge rule?
Two judges are about to have decisions: the judge setting the new bond, and the judge deciding whether to place a hold for violation of the previous bond. I imagine the action of the latter is going to make the decision of the former rather moot.
With that said, I never know how I could end up attached to a case, so like I endeavor to avoid giving opinions regarding individuals in the legal system, I avoid giving opinions regarding what should or should not happen to someone who has been accused of a crime. Legal conflicts can be a bitch to untangle
This post was edited on 9/22/22 at 2:13 pm
Posted on 9/22/22 at 2:14 pm to Joshjrn
quote:
The State or the defense can request a contradictory hearing either before bond setting or if they disagree with the Court’s initial finding. The State would bear the burden of proving that the “proof is evident and the presumption of guilt is great” of the arrested offense as well as proving by clear and convincing evidence that the individual is either a danger or a flight risk.
Wasn’t he found in possession of weapons and masks that time too? How much proof does one need? Did the state request a hearing? To the average citizen this sounds like the good ole boy network at work and under our current circumstances needs reforming.
Posted on 9/22/22 at 2:18 pm to Swoozie
There have been prior cases in EBR where a judge set bond on a guy arrested and brought in only for another judge to come in behind them and slash the bond amount by roughly 90%.
If you can guess which judge did this, you have been paying attention around here.
If you can guess which judge did this, you have been paying attention around here.
Posted on 9/22/22 at 2:20 pm to Swoozie
quote:
Wasn’t he found in possession of weapons and masks that time too? How much proof does one need? Did the state request a hearing? To the average citizen this sounds like the good ole boy network at work and under our current circumstances needs reforming.
You seem to be conflating two different cases. The $300k bond was set earlier this month arising from an arrest warrant from 2018. After bonding out, he allegedly led police on a chase, after which weapons and masks were found in his vehicle. That has nothing to do with his $300k bond.
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