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re: Let's talk about bail / bonds
Posted on 1/24/22 at 10:26 am to lsu13lsu
Posted on 1/24/22 at 10:26 am to lsu13lsu
quote:
Not to mention criminals do not pay the full amount. They pay 10% or less to a bondsman. It is a racket that needs complete overhaul.
not to mention in Harris County if the defendant skips out the Court rarely if ever requires the bonding company to pay the bond. Its a huge racket. Bonding company basically has no downside.
Would love to see an investigative reporter follow the money in the bonding industry to see who gets paid - including political campaign contributions.
0
Posted on 1/24/22 at 10:26 am to greygoose
quote:
You miss the bolded part?
If you have multiple arrests/convictions and get arrested again, it's pretty clear that you are a menace to society.
I didn't realize the phrase was "innocent until proven guilty, unless you were arrested or convicted for other crimes".
Posted on 1/24/22 at 10:27 am to TigerGrad2011
If you put up all the money yourself you get it back once the case is over.
If you pay a bondsman, that 12% fee is gone forever
If you pay a bondsman, that 12% fee is gone forever
Posted on 1/24/22 at 10:27 am to TigerGrad2011
quote:
Might be dumb story, but do you get bail money back if you do everything right? I’m not a criminal so I have no idea
Bail is refunded if you do what you are supposed to do.
However, if you used a bail bondsman... he keeps your contribution as his fee.
Posted on 1/24/22 at 10:28 am to LSUFanHouston
In federal court, bond is set to ensure appearance in court AND THE SAFETY OF ANY OTHER PERSON OR THE COMMUNITY.
In fact, in crimes of violence and even serious drug felonies, there is a PRESUMPTION OF DETENTION, which shifts the burden to the defense to show that the defendant can be released on bond and will reasonably be assured to appear in court and will not pose a danger.
In fact, in crimes of violence and even serious drug felonies, there is a PRESUMPTION OF DETENTION, which shifts the burden to the defense to show that the defendant can be released on bond and will reasonably be assured to appear in court and will not pose a danger.
Posted on 1/24/22 at 10:31 am to SlowFlowPro
quote:
Pay attention to Cameron Parish because the 38th is likely being eliminated in the next 10 years
That's a good example.
We have the 38th JDC and the 31st JDC for example which cover single sparsely populated parishes.
Meanwhile you have the 15th which covers three parishes including Lafayette, and the 21st, which covers three including Tangi and Livingston.
That's kind of my point about reform needed.
This post was edited on 1/24/22 at 10:34 am
Posted on 1/24/22 at 10:31 am to LSUFanHouston
im sure this is true in many cases, but in this particular case there was plenty of wasted time. Once the judge was hunting and stuff got pushed back. I know at one hearing the judge (different judge) strolled in to court about 45 minutes late while everyone was sitting around waiting for their court dates to be assigned. It was ridiculously inefficient. Of course "covid" has been blamed for everything in the last 2 years. Its become a catch all excuse for not doing your job.
This post was edited on 1/24/22 at 10:36 am
Posted on 1/24/22 at 10:34 am to Jimbeaux
quote:
In federal court, bond is set to ensure appearance in court AND THE SAFETY OF ANY OTHER PERSON OR THE COMMUNITY.
What about in state court?
Most of these current issues are state charges, not federal charges.
Posted on 1/24/22 at 10:36 am to EvrybodysAllAmerican
quote:
Once the judge was hunting and stuff got pushed back. I know at one hearing the judge (different judge) strolled in to court about 45 minutes late while everyone was sitting around waiting for their court dates to be assigned. It was ridiculously inefficient.
The idea that judges basically keep doctor's hours when it comes to timeliness is a big issue.
Obviously judges (and attorneys) have duties outside the courtroom... but I've been in enough witness situations / jury situations to see that a 9 am session starts whenever Your Honor feels like showing up.
Posted on 1/24/22 at 10:40 am to LSUFanHouston
The irony is that harsh bail terms actually save these idiots lives sometimes. You would be amazed at how many people are murdered or attacked after they get out on bail. There's usually someone out on the street who is pissed about the underlying crime and seeking vengeance. Or a criminal associate assumes you got out quickly because you cut a deal and snitched. Sometimes you're safer in jail than out of it.
Posted on 1/24/22 at 10:41 am to LSUFanHouston
quote:
So what if we get it wrong? Tell them sorry for you spending a year of your life in jail for no good reason?
Yes, actually.
It’s how things are done in federal court. Defendants are afforded a detention hearing and one of the factors to be considered by the judge is the strength of the case.
Alternatives to detention must also be considered and various bond conditions and restrictions can be imposed.
However, for violent offenses where the evidence is strong, and the defendant has a long criminal history and perhaps a history of failure to appear in court, those guys get detained, as they should be.
Posted on 1/24/22 at 10:43 am to LSUFanHouston
quote:
What about in state court?
Most of these current issues are state charges, not federal charges.
Well, you’re suggesting reform.
Why don’t states adopt the federal system? You seem to imply that it would be unconstitutional, and yet you know the federal system must pass constitutional muster.
Posted on 1/24/22 at 10:45 am to LSUFanHouston
This is cause we have politicized the judicial appointments. There aren't enough judges to hear trials.
Posted on 1/24/22 at 11:06 am to OweO
quote:
Take the Perkins case in Livingston Parish for example. If there is video of that person committing horrible crimes, I have no problem with a judge setting the bond so high that they will not be able to bond out.
In that case, you can argue flight risk. They're facing LWOP.
Posted on 1/24/22 at 11:09 am to Bjorn Cyborg
Agree, if the MF has a rap sheet a mile long, let their arse sit in jail until trial.
Posted on 1/24/22 at 11:13 am to LSUFanHouston
quote:
But the whole point of bail / bond is not to lock a criminal up. It is simply to ensure that the accused shows up at trial.
quote:
quote: You miss the bolded part? If you have multiple arrests/convictions and get arrested again, it's pretty clear that you are a menace to society. I didn't realize the phrase was "innocent until proven guilty, unless you were arrested or convicted for other crimes".
quote:
quote: In federal court, bond is set to ensure appearance in court AND THE SAFETY OF ANY OTHER PERSON OR THE COMMUNITY. What about in state court? Most of these current issues are state charges, not federal charges.
There’s plenty of issues and discussion of of said issues in this thread, but to address the main point of bail (in Louisiana):
C.Cr.P Art 316
Factors in fixing amount of bail
The amount of bail shall be fixed in an amount that will ensure the presence of the defendant, as required, and the safety of any other person and the community, having regard to:
(1) The seriousness of the offense charged, including but not limited to whether the offense is a crime of violence or involves a controlled dangerous substance.
(2) The weight of the evidence against the defendant.
(3) The previous criminal record of the defendant.
(4) The ability of the defendant to give bail.
(5) The nature and seriousness of the danger to any other person or the community that would be posed by the defendant's release.
(6) The defendant's voluntary participation in a pretrial drug testing program.
(7) The absence or presence in the defendant of any controlled dangerous substance.
(8) Whether the defendant is currently out on a bail undertaking on a previous felony arrest for which he is awaiting institution of prosecution, arraignment, trial, or sentencing.
(9) Any other circumstances affecting the probability of defendant's appearance.
(10) The type or form of bail.
It’s not solely/ “simply” about “ensuring someone appears for trial” or “innocent until proven guilty”, as there are a multitude of other factors.
Posted on 1/24/22 at 11:14 am to LSUFanHouston
quote:Most don’t and how does this work?
You also need to try to rehab the criminals that want rehab
Posted on 1/24/22 at 11:34 am to LSUFanHouston
When a violent suspect repeatedly fails to appear in court, is arrested on a bench warrant, then released by the judge because they promised they wouldn't do it again, despite their lengthy history of not showing up for court, I have a problem with the bail system. That person is a danger to the public and should not be released for a small fee to the bail bondsman.
However, you are correct in that sentencing is a major issue. So many DAs want to plea down to keep up their conviction rate and so many judges are afraid to look like the mean judge and give these people sentences that they deserve.
Louisiana doesn't use its habitual offender statute anywhere near as often as it should.
However, you are correct in that sentencing is a major issue. So many DAs want to plea down to keep up their conviction rate and so many judges are afraid to look like the mean judge and give these people sentences that they deserve.
Louisiana doesn't use its habitual offender statute anywhere near as often as it should.
Posted on 1/24/22 at 12:18 pm to Jimbeaux
quote:
Why don’t states adopt the federal system? You seem to imply that it would be unconstitutional, and yet you know the federal system must pass constitutional muster.
I hear you. I do think aren't most federal violet crimes pretty serious... or ones that involve federal property at least?
Posted on 1/24/22 at 12:20 pm to TigersSEC2010
quote:
Louisiana doesn't use its habitual offender statute anywhere near as often as it should.
And when they do... it's for crap like stealing a candy bar three different times.
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