Lower Bail for Nonviolent Suspects Helps County, Hurts Businesses

Getting out of jail in Spokane County is getting cheaper.

After years of inmate overcrowding and a push by the county to streamline the judicial system, prosecutors, defense lawyers and bond companies are seeing judges impose lower bail amounts on nonviolent crime suspects, making it easier to get out of jail while awaiting trial.

That trend, while helping reduce county spending, has triggered a mild backlash among those who tend to benefit from crowded jails and stiff bail requirements.

“It’s driving us out of the bonding business in this town,” said Rodger Betschart Jr., owner of Ace’s Bail Bonds.

Bail bond companies make their money by charging crime suspects a fee, usually about 10 percent of the total bail amount, in exchange for posting their bail. The higher the bail amount, the higher the fee.

One factor in reducing the jail population could be the expansion of a pretrial release program that analyzes a defendant’s criminal record, history of court appearances and ties to the community and makes a recommendation on whether they should be released. If a defendant has a history of compliance with court orders, for example, or no indications of violent behavior, judges are more likely to impose little or no bail, enabling suspects to return to their lives rather than sit in jail while awaiting trial.

“We’re trying different things instead of just locking them up and holding them with a high bond,” said Superior Court Judge Annette Plese, who monitors bond companies for the court.


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Thomas Porteous' Defense Says Four Judges Took Money From Corrupt Bond Agents

As Thomas Porteous, the impeached federal judge from Metairie, prepares his defense before the U.S. Senate, he is alleging that 10 other judges received money from the bail bonds company at the center of the expansive federal investigation into the Jefferson Parish Courthouse corruption.

In a "proposed stipulation of facts," Porteous' attorneys allege that these judges received money from Louis and Lori Marcotte, siblings who pleaded guilty in 2006 in a racketeering and mail fraud conspiracy connected to their business, Bail Bonds Unlimited. His attorneys don't describe the intent of the payments nor do they mention Porteous ever receiving money from the Marcottes.

Share But by suggesting that other judges were more susceptible than Porteous to the wiles of the Marcottes, the defense hopes to keep Porteous on the bench of the U.S. District Court in New Orleans. The House of Representatives impeached Porteous in March, setting up his trial in the Senate. If convicted by the Senate, Porteous would lose his lifetime job, which currently pays $174,000 a year. He's close to the end of a two-year paid suspension.

Porteous fell under suspicion after the FBI, in what the agency called Operation Wrinkled Robe, began examining allegations of corruption at the Gretna courthouse in 1999. He was a state judge there for 10 years until President Clinton appointed him to the federal bench in 1994.

The investigation sent two Gretna judges to prison, and a third was removed from office by the Louisiana Supreme Court. But the U.S. Justice Department decided not to charge Porteous with a crime, instead referring him to his federal court superiors for impeachment.

Of the 10 judges who reportedly received money from the Marcottes, Porteous' defense names only four: Patrick McCabe and Stephen Windhorst of the 24th Judicial District Court in Gretna, George Giacobbe of Jefferson's 1st Parish Court in Metairie and Roy Cascio of the 2nd Parish Court in Gretna. This is the first time these specific accusations, attributed to the Marcottes' depositions, have surfaced publicly in the aftermath of the Wrinkled Robe investigation.

Porteous' attorneys did not release the Marcottes' original testimony this week.


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Bail Bondsman Arrested For Forced Labor, Blackmail

LEXINGTON COUNTY, S.C. - Lexington County Sheriff’s detectives arrested a bondsman on charges that he forced a woman to perform manual labor and sexual acts for him as a condition of posting her bail.

Curtis Jackson Maroney, 51, was arrested on charges of blackmail and trafficking in persons for forced labor or services.

He is being held without bond at the Lexington County Detention Center.

Maroney works as a licensed bondsman with a Lexington-based bonding company, Affordable Bonding Company.

Arrest warrants allege that on August 12, Maroney posted bail for the 39-year-old Lexington woman and obtained the woman’s release from the Lexington County Detention Center.

He posted her bail on the condition that the woman act as his girlfriend which included cleaning, cooking, as well as performing manual labor and sexual acts.

Maroney remained with the woman at all times and told the woman that he would revoke her bond and arrest her if she did not obey all of his commands.

Maroney extorted services from the woman in lieu of payment for bail.

The woman was arrested on July 31 on charges of driving under the influence. She was released August 12 after Maroney posted bail in cash that totaled $16,122.50.

On August 17, the woman reported the blackmail and forced labor allegations to the Sheriff’s Department after she convinced Maroney to drive her to her father’s home near Lexington to visit her two children.

Maroney waited in his vehicle outside the home of the woman’s father. After she telephoned the Sheriff’s Department, the woman refused to leave her father’s residence until she spoke with deputies.

Under South Carolina law, trafficking in persons for forced labor or services is a felony that carries a maximum punishment of 15 years in prison. Blackmail carries a maximum punishment of 10 years in prison and a $5,000 fine.


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Bondsman Jailed After Targeting Wrong Home

A pair of Florida bail bondsmen found themselves in custody after entering the wrong house, according to Laurinburg police.

Ellis Fernandez Danley, 43, of Orlando, and Adrion John Webb, 28, of Ocoee, entered a Laurinburg home on Beech Street with guns at their sides while looking for a person who had skipped bail in Florida, according to a Laurinburg police report.

After interviewing the homeowner, they realized they had come to the wrong house, police said.

The homeowner told officers that one of the bondsman had his gun drawn, though he did not point the gun at anyone, Capt. Kim Monroe said. The other bondsman had his gun holstered.

Monroe said the person they were looking for had missed court on a misdemeanor charge.

Danley and Webb were charged with misdemeanor breaking and entering and placed in Scotland County jail under a $500 bond.

"Better preparation could and should have taken place before making that entry," Monroe said.

The pair work for All-Star Bail Bonds, according to the report.

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Final Charge Against Naples Bail Bondsman Dismissed

NAPLES — Living up to his nickname, Teflon Joe, Naples bail bondsman Joe Houston walked out of the Collier County Courthouse a free man on Monday, after a judge dismissed the last felony charge remaining against him.

The ruling by Circuit Judge Frank Baker came six months after the judge dismissed a majority of charges against Houston, 38, who owns Liberty Bail Bonds and Express Bail Bonds in Naples, Immokalee and Fort Myers.

It’s been nearly three years since Houston’s arrest on charges that he permitted a felon to act as a bail bond agent, allowed someone to act as a bail bond agent without a license and solicited business inside the county jail by making deposits into inmates’ commissary accounts. He faced up to five years in state prison on each felony.

The charge dismissed Monday, employing a convicted felon, involved Arrie Denise Robinson, 47, who is employed by Houston as a secretary at Express Bail Bonds in Immokalee. She was convicted of welfare fraud in 1986 and ordered to return $786.33 she’d illegally obtained.

Baker agreed with defense attorneys Michael Levin and Donald Day that the charge applies to bond agents, not office employees.

After Baker granted the motion to dismiss, Meike Moss, who works for Houston, hugged her boss as they walked out of court. Both declined comment, as did Levin, but Day hoped it would send a message to those who believe Houston acts illegally.


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Bail Bondsmen Face Tough Times

Although many people assume that the bail bonds industry would shine during difficult economic times, it now faces multiple challenges that are putting a tremendous amount of pressure on bail agents. Bail bonds are far from recession proof and bail bondsmen are faced with an unprecedented business environment.

Bail bondsmen make their money by posting bonds to courts on behalf of defendants, thus securing their release. However, a number of states are pushing pretrial release programs that would allow defendants to be freed from jail without having to use a bail bondsman. Essentially, the court steps in to selectively release defendants it feels are suitable to be freed without paying bail.

Pretrial release program advocates point to the positive effects of counseling and rehabilitation that usually accompany these programs. While bail bond trade groups are quick to cite the increased taxpayer costs of pretrial release programs when the state facilitates the release rather than a bail bondsman. Not coincidentally, those selected for pretrial release programs are often the most attractive bail bonds customers. They are those perceived to be low flight risks and having a high likelihood of appearing in court as ordered. In the end, the more pretrial release programs take hold, the more pressure bondsmen will face from shrinking markets and competing with government programs.

Not only are bail bondsmen feeling pressure from a fundamental shift in the bail and release paradigm, but the economy has also hampered the industry. While crime usually increases during difficult economies, it doesn’t necessarily translate to more robust business for bondsmen. Bail bondsmen are in essence lenders and the credit of potential borrowers isn’t great.




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Bail Bonds Now Available by Phone and Online From Almost Anywhere in the Country

Jacksonville, FL (PRWEB) August 14, 2010

While not at all like a get-out-of-jail-free card, BailZoom.com does provide a potentially valuable service to those who are in trouble with the law. When a bail bond is required to spring someone from the city jail, it often involves the frustrating task of sitting with a phone book trying to find a bail bondsman who answers the phone and who can help quickly.

With BailZoom.com, only one phone number is needed. The BailZoom network includes bail bond agents who can provide service in all 46 states where bail bonding is allowed. Because those who work in the bail bond industry are typically only licensed in one state due to the variation in laws and requirements from state to state, utilizing the information on the BailZoom Web site can save those in need of an agent a lot of time and trouble.

Some have found the process of finding a bail bond agent to be time consuming and frustrating, particularly on a weekend or holiday. BailZoom.com is available 24-hours a day, 7 days a week. Someone is always available to answer questions and help locate an agent that can get the bail bond process started.

Because BailZoom.com has bail bond agents in all 46 states that allow bail bonding, the services are available nationwide. The process has been simplified, but the procedures are the same as with a traditional bail bond agent. The agent that works on each case is licensed in the state where the offense occurred and has a full understanding of local laws and procedures.

The fee is the same as it would be if the bail bond agent were located using any other method. Typically, the fee is between 8% and 15% of the total bond amount. In some cases collateral may be required, but in most cases BailZoom.com can provide a bond with no need for collateral.


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Panel Eyes Ways to Collect Bail Bucks in Philadelphia

Members of a state Senate panel yesterday heard a host of ideas to improve the city's bail-collection system - including using private bondsmen to chase after the money, and providing alternatives to cash bail.

About $1 billion in bail is owed to the city, and 47,000 bench warrants are outstanding for fugitives who failed to come to court.

Common Pleas President Judge Pamela Pryor Dembe yesterday told the Judiciary Committee at a public hearing in Center City that the $1 billion figure is "mythical" because it is, for the most part, uncollectible.

She testified that the Clerk of Quarter Sessions office - which before April operated independently from the courts - failed to aggressively pursue bail collection.

Most of the money is uncollectible because the defendants have died, the clerk's office did not keep accurate records of addresses or the statute of limitations to collect the debt has passed.

The oldest bail debt was determined to date from 1943.

When asked by state Sen. Michael Stack, D-Northeast Philadelphia, how much of the $1 billion could be collected if the court system had all the resources it needed, Dave Wasson, chief deputy court administrator, estimated 2 to 3 percent, or $20 million to $30 million.

Dembe, Jodi Lobel, chief of the district attorney's charging unit, and Stuart Schuman, chief of the Municipal Court unit in the public defenders' office, told the senators that they did not think it would be a good idea to have private bail bondsmen operating extensively in the city again.

Dembe said the city had moved away from that system because of "corruption [and] physical abuse."

Brian J. Frank, president of Lexington National Insurance Corp., the only insurance company now underwriting bail bonds in criminal cases after the city placed high barriers to do such business here, testified that the business is different today from the 1960s - when corruption was the norm.


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Judge Recuses Himself From Bail Bondsman’s Hearing

A court hearing in a case against a local bail bondsman was postponed Monday when a judge recused himself due to a conflict of interest.

Washington County Circuit Judge Daniel P. Dwyer said he could not hear the case against Gregory Lehman Toms “for reasons personal to me and my family.”

Toms, 54, of 19932 Lemuel Lane in Boonsboro, was indicted in June on charges of possession of an explosive/incendiary device with intent to create a destruction device, possession of black powder in excess of 5 pounds, transporting a handgun in a vehicle, possession of a stolen firearm, theft of less than $1,000 and possession of marijuana, according to Washington County Circuit Court records.

The indictment came as the result of a search of Toms’ home on June 2, Cpl. Greg Alton of the Washington County Sheriff’s Department has said.

The case was scheduled for a hearing Monday on motions by the defendant to suppress evidence and to dismiss the charges of explosive device possession, black powder possession and transporting a handgun in a vehicle, court records show.

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Three Arrested in Santa Clarita Brush Fire

The Los Angeles County Sheriff's Department arrested three people Sunday in connection with a brush fire in the Santa Clarita Valley that scorched more than 40 acres and prompted the evacuation of 30 homes.

A 14-year-old boy was arrested on suspicion of arson and two others were arrested for allegedly obstructing firefighters, according to the department.

The fire broke out just before 2 p.m. Sunday near the intersection of Copper Hill Drive and Haskell Canyon Road. Firefighters had knocked down all visible flames by about 4:30 p.m

The fire burned about 43 acres, and about 30 homes were evacuated, according to the Los Angeles County Fire Department. The blaze was 60% contained by late Sunday.

Witnesses reported seeing two youths running from the area shortly after the fire broke out.

About an hour and a half later, a sheriff's deputy detained two 14-year-old boys matching their description, sheriff's Capt. Mike Parker said.

One of the boys admitted he was smoking marijuana when he dropped a barbecue lighter in the dry brush. He and his friend tried stomping on the fire but ran away when that didn't work, Parker said. The boy was charged with arson and his friend was released.

Anthony Fierro, 33, of Saugus and a 16-year-old boy were arrested after they defied repeated orders to move away from the fire, Parker said. The pair, who were not together, prevented helicopters from dropping water on the blaze, he said.

"They seem to have some extraordinary desire to be close to the fire," Parker said.

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After 18 Months, Serious Charges Against Bail Bondsman Remain Largely Unexamined

A year and a half after Bexar County's leading bail bondsman starred in an Express-News report on whether he offered illicit favors to a range of public officials in exchange for business, it's hard to find evidence that the explosive allegations against him have been taken seriously.

That doesn't mean Albert Saenz did anything wrong. It does mean the charges against the owner of AA BEST Bail Bonds haven't been vetted as fully as they should've been.

Activity has picked up recently, though there may be injustice in that, too. Tim Ybarra, who worked in the D.A.'s bond forfeiture section, was reassigned last month to the office's juvenile division.

Assistant District Attorney Cliff Herberg said that was done after he saw a new affidavit from Brenda Flores, who managed Saenz's office but was fired more than a year ago, saying Ybarra gave Saenz extra time to find fugitives and pay penalties in exchange for cash.

That's doubly sensitive because Ybarra is the Democratic candidate for county clerk in November. Herberg — whose boss, Susan Reed, also is on the ballot — said the affidavit had been referred to the Texas Rangers, who have a policy not to discuss allegations involving a candidate close to an election.

But that begs another question: Why did everybody wait so long?

The allegations against Saenz first surfaced on Nov. 23, 2008, in an Express-News story by John MacCormack, who spoke to 11 former employees, a half-dozen of whom accused Saenz of improprieties. Two told MacCormack this week that they hadn't been interviewed by anyone — not the Rangers, not the district attorney or sheriff's offices, and not the Bexar County Bail Bond Board, which held a hearing in January 2009 but took no action.

I wasn't able to reach Robert DeLeon, the bail bond board's administrator, on Thursday, but Ed Schweninger, the board's attorney, said the hearing had been less detailed than he'd expected.
He said the board doesn't have an investigative arm.

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New Jersey Tightens Reins on Bounty Hunters

Bounty hunters in New Jersey can now call themselves licensed professionals as the state begins to corral an industry that is better known for its cowboys than its boy scouts.

The first licenses – 84 wallet-sized IDs with the words "Bounty Hunter" emblazoned across the top – were issued by New Jersey State Police several months ago in response to legislation that was designed to remove the kind of bad actors who mistook a Rutherford woman for a fugitive in 2005.

Those who support the licensing requirement, who include bounty hunters and the bail bond agents who hire them, say it helps legitimize an industry that operated without accountability.

But some of the same bounty hunters who support the idea of regulation, say few municipal police departments are asking for identification cards.

"I have yet to have any cop ask me for my New Jersey Bounty Hunters license," said Joe Banzaca, who goes hunting with his middle-aged nephew at least once a week for ASAP Bail Bonds in Hackensack. "It's just another way for this state to make money."

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Snooki Arrested, Released for Disorderly Conduct

Jersey Shore" star Snooki was released from jail Friday after being arrested earlier in the day in Seaside Heights, New Jersey, for disorderly conduct, Us Weekly reported.

The 22-year-old breakout reality television star, whose real name is Nicole Polizzi, appeared to be intoxicated as she was taken away by police.

"On Friday at approximately 15:23 hours, Nicole Polizzi was acting in a disorderly matter while on the beach," Seaside Heights chief of police Thomas J. Boyd told the magazine.

"Miss Polizzi was escorted from the beach by patrolmen and placed under arrest for disorderly conduct ... near the boardwalk.

"She was transported to police headquarters and later released on a summons."

A police spokesperson said that meant Snooki will be assessed by a judge in court at a date to be determined and will likely be ordered to pay a fine.

She was not required to pay any bail money to be released from custody.

Jenni "J-Woww" Farley wrote on Twitter Friday: "Going to bail @Sn00ki out of jail ... The things I do for this girl, I swear."

Entertainment website Hollywood Life reported that Snooki had earlier purchased a beer bong and was seen consuming shots from it. She was also seen doing body shots at a beachside bar.

The cast of the MTV show was scheduled to be in Seaside Heights this week to film the third season of the hit show, which follows eight Italian-American young people as they enjoy the summer at the beach.

The show's second season, filmed earlier this year in Miami, premiered Thursday evening.

More than 5.3 million people tuned in -- a 300 percent increase on last season's premiere -- becoming the network's second biggest premiere of all time, behind the second season debut of "The Osbournes."

In the first season of "Jersey Shore," Snooki was herself the victim of an intoxicated patron who punched her in the face in a bar.

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