The slogan “No Means No” has new meaning in the bail bond industry. We know when sexual intercourse is forced upon a man or woman its called rape. A victim has been violated. When a bail bond agency posts a bond which is unwanted and unauthorized and then threatens to put the defendant back into custody if they refuse to pay the premium for the bond its called extortion. Extortion is a crime and the victim has been violated. With the help of the CA Dept of Insurance, Sheriff Gore and District Attorney Bonnie Dumanis the ability to surrender bonds at San Diego County jails needs to be restricted to:
- Failure to Appear with an active Warrant for Arrest
- Violation of the Bail Bond Indemnity Agreement
- Co-Signer / Indemnitor withdrawal
- Defendant in custody
Failure to pay the premium is a civil matter and not a criminal matter. That would put a stop to all the bonds being posted without premium in hopes of extorting the money from the defendants after they’re released from custody.
Here’s a few examples of Bail Agents behaving badly by violating defendants with unwanted and unauthorized bail bonds. This isn’t the way professional bail bond agencies are supposed to operate. I was working with a mother on a bail bond for her daughter. We went through the entire application process before the daughter (the defendant) called from Las Colinas. The daughter informed me that she called another bail bond agency to find out how the process works and the costs involved. Later that particular bail bond agency called the mother. The mother immediately told the Bail Agent she already handled the bond with another bail bond agency. The agent hung up on her. I told the mother she better call the agent back and make sure he doesn’t post the bond. The mother called the agency back and the agent hung up on her again. The mother called a 3rd time and warned the agent he better not post the bond. A few hours later when the daughter was cleared I attempted to post her bond at Las Colinas. The clerk at Las Colinas informed me the bond was already posted. I called the mother to let her know the bond was posted by another bail bond agency and she was absolutely furious. The mother called that agency and asked him why he posted the bond. The agent just laughed and didn’t care what the mother had to say. The daughter called me shortly after the bond was posted by the “other” agency and I told her what happened. The daughter said she never authorized the other agency to post her bond. It didn’t matter. Once the bond is posted and the defendant is released from custody the payment of premium is due to the agency posting the bond. Refusing to pay the premium on the bond could land the defendant back into custody on a Bail Bond Surrender and the full amount of the bond will be billed to the defendant plus recovery fees. Fortunately the daughter called me while still in custody and I informed her about the unauthorized bond posted and she has the right to refuse their bond. The daughter informed the jail staff she was refusing to be bailed out by the “other” bail bond agency and their bond was pulled and voided. Bail Agents posting bonds without premium and then threatening to return a defendant back into custody for failure to pay the premium is extortion. Even though this is a “civil matter” bail bond agencies have surrendered defendants back into custody for nonpayment of premium for years.
Here’s another example of the extraordinary length a woman went through to bail her husband out of jail. Wife called another agency making an inquiry about fees and how the process worked before calling my agency. After the wife spoke to me she decided to use my agency to post bail for her husband. The wife called the other agency back to let them know she didn’t need their services. The agent told the wife it was too late because they already dispatched an agent to the Vista Jail to see her husband. The wife never authorized that agency to see her husband. The wife called me back and we completed the application process and the premium for the bond was paid. The wife called the “other” agency back again to make sure they wouldn’t post the bond and she was told an agent was already dispatched to the jail and her husband signed all the paperwork. The wife called several times trying to stop the other agency from working on this bond. And the other bail bond agency kept telling her it was too late. The husband never signed any documents or paid any money to this “other” agency. Once the husband was cleared I was able to post the bond before the “other” agency. A few days later that “other” agency started calling the defendant harassing him about making a payment for his bond that was in default. That “other” agency never posted his bond. The “other” agency was told several times they didn’t need their services and each time the bail bond agency refused to stop working on the bond. When people tell a bail bond agency NO we don’t need your services…..its means NO! No means you don’t go post the bond and hope to extort the premium out of the defendant later. NO MEANS NO. Don’t let this happen to you. The slogan coined by our District Attorney Bonnie Dumanis applies to this crime….“DON’T DO IT, DON’T TOLERATE IT, REPORT IT.” Please report unwanted and unauthorized bail bonds to the CA Dept of Insurance.
Here’s a link to file a complaint with the CA Dept of Insurance:
or call the CA Dept of Insurance 800-927-4357