Chapter 35 – What’s Bail Reform?

California Constitution Article 1 – Declaration of Rights 

(e) Public Safety Bail. A person may be released on bail by sufficient sureties, except for capital crimes when the facts are evident or the presumption great. Excessive bail may not be required. In setting, reducing or denying bail, the judge or magistrate shall take into consideration the protection of the public, the seriousness of the offense charged, the previous criminal record of the defendant, and the probability of his or her appearing at the trial or hearing of the case. Public safety shall be the primary consideration.  A person may be released on his or her own recognizance in the court’s discretion, subject to the same factors considered in setting bail. However, no person charged with the commission of any serious felony may be released on bail, a hearing may be held before the magistrate or judge, and the prosecuting attorney shall be given notice and reasonable opportunity to be heard on the matter. When a judge or magistrate grants or denies bail or release on a person’s own recognizance, the reasons for that decision shall be stated in the record and included in the court’s minutes.

On June 8, 1984 during the statewide primary ballot the voters passed Prop 4 which amended the California Constitution to include the following:

When setting the amount of bail the following had to be taken into consideration (which the courts were already doing but it wasn’t in the CA Constitution):

1. Seriousness of the offense;
2. Person’s previous criminal record;
3. The likelihood that the person will appear to stand trial.

With the passage of Prop 4 the 3 factors became a requirement into the CA Constitution.

CA State Legislature cannot change the requirements by passing, repealing or altering statutes and the only way to change the 3 factors would be by a statewide vote of the people.  

Prop 4 allows judges to deny bail in felony cases involving acts of violence against another person when (a) the proof of guilt is evident or the presumption of guilt is great and (b) there is a substantial likelihood that the accused’s release would result in great bodily harm to others. And Prop 4 allowed bail to be denied in felony cases when (a) the proof of guilt is evident or the presumption of guilt is great and (b) the accused has threatened another with great bodily harm and there is a substantial likelihood that the threat would be carried out if the person were released. 

What does the CA Constitution have to do with Bail Reform?  In previous chapters I wrote about the nonprofit folks from Washington, DC on a grant from Harvard University going around the United States like a group of pied pipers promising to abolish bail across the land because its unfair for “poor criminals” sitting in jails that cannot afford bail. Their answer? Abolish bail…..set them free and pray on a “pinky promise” they return to court. The big losers? The victims, public safety and the taxpayers.

Fast forward to 2017….enter CA Senator Bob Hertzberg from District 18, Van Nuys, Los Angeles who introduced SB10. Bail: Pretrial Release. An Act to amend Section 1270 of the Penal Code in CA.

This bill would state the intent of the Legislature to enact legislation to safely reduce the number of people detained pretrial, while addressing racial and economic disparities in the pretrial system, to ensure that people are not held in pretrial detention simply because of the inability to afford money bail.

Next….Enter Assembly Person Rob Bonta from the 18th Assembly District, East Bay of San Francisco Bay Area who introduced AB42. Bail Reform. An Act to amend Section 1270 of the Penal Code of CA, relating to bail. 

This bill would state the intent of the Legislature to enact legislation to safely reduce the number of people detained pretrial, while addressing racial and economic disparities in the pretrial system, to ensure that people are not held in pretrial detention simple because of the inability to afford money bail.

I’m sorry…..did Senator Hertzberg copy off of Assembly Person Bonta’s paper?  The bills are identical except for the mere fact each bill was introduced in the CA Senate and CA Assembly. The cost of either or both????  MILLIONS to the taxpayers of CA and threatens public safety, victims safety and safety of our law enforcement forced to rearrest defendants in a revolving door to our jails.  The “CATCH AND RELEASE” program NJ has right now would come to California.

And finally we have a bill introduced by Assembly Person Blanca Rubio from the 48th Assembly District representing San Gabriel Valley in Sacramento.  AB789. Criminal Procedure: Release on Own Recognizance. An Act to amend Section 1319.5 of the Penal Code, relating to criminal law. 

Existing law prohibits the release of any person on his or her own recognizance who is arrested for a new offense and who is currently on felony probation or felony parole or who fails to appear in court as ordered, resulting in a warrant being issued, 3 or more times over the 3 years preceding the current arrest, and who is arrested for any felony offense or other specified crimes, until a hearing is held in open court before a magistrate or judge.

This bill would ALLOW a court to approve, without a hearing in open court, own recognizance releases under a court-operated or court-approved pretrial release for arrestees with 3 or more prior FAILURES TO APPEAR.

I’m sorry…..Assembly Person Rubio must have missed this PRETRIAL SERVICES video. Perhaps its time she views this video and rethinks AB789…..

 

SB10, AB42 and AB789 are bills that will abolish bail in CA which is a back door way to alter the CA Constitution Article 1 -Declaration of Rights, (e) Public Safety Bail. Remember this?

“CA State Legislature cannot change the requirements by passing, repealing or altering statutes and the only way to change the 3 factors would be by a statewide vote of the people.”

Which means CA Senator Hertzberg, CA Assembly Persons Bonta and Rubio knew or should have known, their bills would alter the CA Constitution. SB10, AB42 and AB789 are bills to amend the CA Penal Code which is unconstitutional. With Prop 4, to amend, repeal or alter the CA Constitution Article 1- Declaration of Rights, (e) Public Safety Bail requires a statewide vote of the people.

Readers Digest abbreviated version of CA history about releasing inmates to save money…….In 2011, AB109 which was a bill to reduce the CA prison population by punishing low-level felony offenders with local jail or out-of-custody “mandatory supervision” instead of prison.

In 2014,  Prop 47 became a law in CA. The intent of the proposition:

1. Reduce 7 property or drug possession felonies to straight misdemeanors.
2. Allow certain offenders currently serving a felony sentence for those offenses to petition the sentencing court to have the felony sentence reduced to a misdemeanor sentence.
3. Allow certain offenders who have already completed their felony sentence for those offenses to apply to the sentencing court to have the felony designated as a misdemeanor.

In 2016, Prop 57 became a law in CA. The intent of the proposition:

1. Allows parole consideration for nonviolent felons.
2. Changes policies on juvenile prosecution.
3. Authorizes sentence credits for rehabilitation, good behavior and education.
4. Allows Parole Board to release nonviolent prisoners once they have served the full sentence for their primary criminal offense.
5. Requires the Dept of Corrections to develop uniform parole credits, which rewards prisoners’ good behavior with reduced sentences.
6. Allows Juvenile Court Judges to determine whether or not juveniles aged 14 and older should be prosecuted and sentenced as an adult, repealing Prop 21 from March, 2000 which gave prosecutors the sole authority to decide whether to try a “young offender” as a juvenile or adult.

Since AB109, Prop 47 and Prop 57 public safety has been threatened.  The Drug Court in San Diego which used to be successful in helping drug addicts rehabilitate is no longer court ordered. Since its voluntary many drug addicts are being arrested over and over with misdemeanor charges for possession of controlled substances thanks to Prop 47. Defendants addicted to Meth in San Diego have no hope of getting the help they need due to lack of money to pay for rehab programs. Prop 47 promised to save taxpayers money by releasing inmates and using the money for drug rehab programs which never happened. We’re still waiting for the rehab programs funded by CA.

Every day on the news we see multiple stories about theft crimes which include criminals stealing packages from the front doors of homes, (just a misdemeanor charge if they’re caught and it was less than $950 stolen thanks to Prop 47). Commercial burglaries that we see the crimes being committed on surveillance cameras. Crime appears to have increased depending on the report you’re reading.  All of the laws since 2011 were designed to reduce the population in our prisons and jails. Prop 47 has been a disaster. USA Today Network published a story in December, 2016 about the 13,500 inmates released due to Prop 47 and many are addicted to drugs living on our streets.  Many need drug rehab, many need to be an inpatient in a mental health facility and many need  jobs and a place to live. Prop 47 gave them freedom…but at what cost?

http://www.usatoday.com/pages/interactives/prop47-california-prison-reform/

Since 2011 we’ve learned that reducing prison and jail population has increased crime in CA. Public Safety has been threatened and the last thing we need are more criminals back out onto the streets to reoffend. Look what’s happening in Pacific Beach.

http://www.cbs8.com/clip12969476/homeless-tailgating-problem-at-a-pacific-beach-library

What happens if Bail Reform Bills SB10, AB42 and AB789 are passed into law? Approximately 76,000 inmates awaiting trials could be released in CA to our streets on a “pinky promise” to return for court appearances with no accountability with Pretrial Services. Why are so many defendants sitting in jails awaiting trial? Ask the Chief Justice of California why she closed courtrooms causing a bottleneck of cases and many “languishing” in jail because they cannot afford bail. These defendants are in jail because there was enough evidence to “bound them over” for trial. Evidence collected by our law enforcement in hopes of making sure victims see justice for crimes committed against them.

The cost to taxpayers could be over $200 Million which we’ve learned from New Jersey with their Bail Reform Act which went into law on January 1, 2017.  The voters in NJ were sold a bill of goods about how they could save the taxpayers money by the “Catch and Release” program aka Bail Reform.  The voters in NJ fell for it and now they’re furious with Governor Chris Christie for pushing for NJ Bail Reform Act and making it the law on January 1, 2017. The cost to NJ taxpayers is estimated in excess of $200 Million and climbing. And by abolishing bail in NJ the judges have been empowered to hold defendants in jail on their discretion and since there’s no bail….there’s no way to get out of jail. NJ gave up their right to bail in hopes of saving money for housing defendants awaiting trial.

Douglas J. Welfi is homeless and sitting in Hudson County detention without bail for making terrorist threats and violating a restraining order when he was drunk. http://www.nj.com/hudson/index.ssf/2017/01/post_875.html

Bail has been in the U.S. Constitution in the Bill of Rights, 8th Amendment since 1789 and revised in 1992.

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted. 

The framers of the U.S. Constitution put bail in the Bill of Rights because they wanted to make sure anyone that commits a crime returns to court. For 200 years bail has worked at no cost to the taxpayers. So why should you care about Bail Reform? Maybe you’ve never been arrested and bail doesn’t matter to you. Let me tell you why you should care about Bail Reform.  Here’s what will happen with and without bail in CA.

Without Surety Bail:

1. No accountability for arrestees charged with crimes once released from jail.
2. Threat to victims and the community.
3. No penalty for Failing to Appear in Court.
4. Court costs when defendants Fail to Appear.
5. Threat to public safety.
6. Cost for issuing a warrant for arrest.
7. Cost for Warrant Enforcement detail.
8. Threat to law enforcement responsible for rearresting defendants only to watch them leave again after being booked into jail.
9. High cost of crime and rearresting defendants passed on to taxpayers.

 

With Surety Bail:

1. Accountability that Defendants will return to court.
2. Surety bears the cost of defendants that Fail to Appear in court….not the taxpayers.
3. Surety bears the cost of active apprehension of defendants that fail to appear for court.
4. No cost to taxpayers for defendants released on a Surety Bail Bond.

 

That’s why its important to oppose Bail Reform bills SB10, AB42 and AB789. Before these bills make their way through the Public Safety Committee call these legislators and let them know you oppose their bills and you’re fed up with all the crime in our neighborhoods and we want to feel safe in our homes again. Enough is enough. Saving money for housing criminals is a small price to pay for the cost of being a victim of a crime in your home, at your business or walking down the street in neighborhoods that used to be safe before Governor Jerry Brown started releasing criminals from our jails undermining our law enforcement.  Help us stop Bail Reform in CA. Call the lawmakers that introduced the Bail Reform bills and call your CA Senator and Assembly Person for your District and oppose any law that will release anyone arrested for a crime in CA early or without being required to post bail while awaiting trial.

For SB10 – CA Senator Bob Hertzberg’s contact information.

Sacramento Capitol Office: (916) 651-4018 or Fax (916) 651-4918

District Office in Van Nuys: (818) 901-5588 or Fax (818) 901-5562

 

For AB42 – CA Assembly Person Rob Bonta contact information.

Sacramento Capitol Office: (916) 319-2018

District Office: (510) 286-1670

 

For AB789 – CA Assembly Person Blanca Rubio contact information.

Sacramento Capitol Office: (916) 319-2048

District Office: (626) 960-4457

 

 

 

 

 

 

 

 

 

 

Chapter 31 / Phase One of New Jail Complete- Las Colinas Detention and Reentry Facility

451 Riverview Parkway Santee, CA 92071
(off Magnolia)

Image by Billy Ortiz

The first phase of Las Colinas Detention and Reentry Facility is open. http://www.sdsheriff.net/detentionfacilities/lcdrf.html The process of getting this new jail has been long and full of challenges.  San Diego County Board of Supervisors declared a state of emergency in February, 1986 due to “severe overcrowding in the adult detention system and directed county staff to immediately develop a plan to resolve the emergency situation.” In May, 1988 Santee filed a petition requesting “an immediate stay to stop the County from proceeding with the temporary expansion of Las Colinas pending the outcome of the appeal.”  The California Supreme Court denied the request by Santee.  In September, 2012 the first signs of a new jail under construction were visible.  The field where rabbits and coyotes roamed was cleared and a fence added around the parameter.  Heavy machinery arrived and it seemed like a lifetime of just moving dirt around in circles.  Every time I had a bail bond to post at Las Colinas I would take pictures and Tweet them for my followers and those interested in seeing our tax dollars hard at work.  I watched the construction from the back of the facility since the front of the facility faces Magnolia and a locked fence prevented anyone from viewing the front of the new jail.

Just a field with a fence around it where rabbits and coyotes roamed

September, 2012 early construction

3 classrooms under construction

Cafeteria

Beautiful courtyard with palm trees

I had the opportunity to tour the inside of the facility.  The new facility has a new name. The word “womens'” has been dropped and the word “reentry” has been added.  Las Colinas Detention and Reentry Facility with the new emphasis on rehabilitation versus incarceration.  The most noticeable difference is the size of the “campus.”   The Deputy giving the tour stated the facility will be on 45 acres of land and when Phase 2 is complete they can house up to 1,212 inmates.  Phase 2 will begin after Phase 1 is up and running and the old Las Colinas is demolished.  Phase 2 will house 384 inmates when complete.  I heard the word rehabilitation several times during the tour and the need to help inmates take responsibility for themselves.  The new facility will feature classrooms and a health center for inmates.  In the “courtyard” area they have cement seating for concerts and movies for inmates.  Special housing for inmates cooperating similar to the type of housing seen in “Orange is the New Black” on Netflix. The tour didn’t include the inmate housing area.  The lobby is huge and plenty of windows for jail staff to help Bail Agents, Attorneys, family and friends that have business at the facility. We were shown an area for contact visits for inmates earning the privilege.  The new holding area features “open booking” for inmates and a body scanner.  Don’t even think about bringing drugs or weapons into this facility. The penalties for bringing in drugs and/or weapons to a correctional facility are severe and the body scanner will find them.  For women willing to cooperate it will feel like sitting at the airport in a waiting area.  Soft cushioned seats in rows without restraints.  In the past women were handcuffed to benches while going thru the booking process or placed in jail cells or “tanks.” Jail staff will no longer touch the inmates money when they arrive. The responsibility is on the inmate to put their money into an ATM like machine.  Upon release the money the inmate put in the machine will come out unless any purchases were made at the commissary.   Inmates will stay in the Holding Area for about 3 hours while they’re being processed (fingerprints, mug shot, tested for TB, setting up their phone account so they can call out to family, friends or a bail bond agency to arrange for bail, etc). Inmates unwilling to cooperate during the process will have special jail cells where they can wait until they’ve been cleared to be housed or bailed out.  I was very happy to see the phones in the Holding Area are on the wall in plain sight of jail staff and camera’s which is a vast improvement from the rest of the San Diego County Jails.

On August 4, 2014 the California Dept of Corrections and Rehabilitation announced the opening of the new Las Colinas Detention and Reentry Facility and stated: “This reentry facility is yet another example of California’s commitment to rehabilitation and better preparing inmates for life after their release.  The facility will house 82 inmates at its inception, with the possibility of expanding to a capacity of up to 118 in the future.  Inmates selected for the program will have less than four years remaining on their sentences.”  (in addition to our local inmates awaiting trial or doing local time)

My first impression of the new Las Colinas Detention and Reentry Facility was resort with confinement.  The facility is absolutely beautiful.  The new Las Colinas Detention and Reentry Facility is clean and painted white with a courtyard and palm trees.  For anyone serving time at the old Las Colinas the new facility is a breath of fresh air.

451 Riverview Parkway Santee, CA 92071
(off Magnolia)

Chapter 27 / DUI’s…Like Picking Apples Off Trees

Driving between the hours of 10pm and 6am in San Diego County is like picking apples off trees for law enforcement.  It’s not “if” you get arrested if you drink and drive…….its “when” you get arrested for a DUI in San Diego County.  In the past few years I’ve noticed San Diego County has adopted a “zero tolerance for DUI’s” attitude.  Law Enforcement simply need a reason to pull you over and if you’ve had anything to drink you can plan on going to jail.  Here’s a few examples of traffic stops reported to me by my clients arrested for DUI’s in San Diego County over the past few years.  It starts out like this…..the police officer will say “do you know why I pulled you over?”

• You drove thru a red light.
• You drove thru a stop sign.
• You didn’t make a full stop at a stop sign.
• You were driving the wrong direction on a one way street.
• You made a sudden lane change.
• You didn’t use a turn signal when you changed lanes.
• Your tail light is out.
• You were swerving.  (most popular)
• You were driving too fast.
• You were driving too slow.

As you can see it doesn’t take very much for a police officer to pull you over.  Officers are trained to watch drivers out on the road between 10pm and 6am.  In most cases drivers were out to dinner or at some sort of social function and they probably had a glass of wine, beer or hard liquor.   Once the police officer has you pulled over and tells you why he/she pulled you over the next question is a “game changer.”   Here it comes……”HAVE YOU BEEN DRINKING?”   Think long and hard before you answer this question.  Don’t lie to a police officer because that never works out well for you.  The bail will be even higher.  If you say “yes” you’re going to jail.   No matter what happens next the result will be the same in almost every case.  You’re going to jail.   If you agree to blow in the Breathalyzer and your BAC comes back anything above .01 you’re going to jail.  The police officer has determined that you are “impaired” so you cannot get back into your vehicle and drive again.   If you refuse to blow and agree to have your blood drawn the officer will handcuff you and take you to the police station or jail to have your blood drawn.  Since it takes several weeks to get the BAC results you can plan on spending about 8+ hours in jail and having to post bail.   In San Diego County a first DUI is a $2,500. bail.  If you refuse to blow or have your blood drawn you’re going to jail and your California Driver’s License will be automatically suspended for 1 year.   No matter what you say to the officer about drinking or not drinking, or taking prescription medications the officer will conduct a sobriety test.  If the officer determines that you’re unable to pass the sobriety test you will be going to jail.  How can you avoid being arrested?  You could stay off the roads between 10pm and 6am.  That’s one way to solve that problem.  How about taking a taxi or have a designated driver?  The easiest way to avoid being one of those apples picked off the tree is don’t drink and drive.

Like picking apples off trees.

So you aren’t convinced that driving impaired in any fashion between the hours of 10pm and 6am is risky business?  How about the cost of being arrested for a DUI in San Diego County?  First be ready to take public transportation for a while since your driver’s license will be suspended for a period of time.  Or perhaps you prefer to ride a bike for a while?  Car Pooling with friends?  Taxi Cabs?   According to Mr. Checkpoint the statistics are staggering.   “The cost of DUI’s in the United States is over $114,000,000,000. (that’s $114 Billion) annually.   Approximately 3 of every 10 Americans will be involved in an alcohol related crash some time in their lives.”

In San Diego County the cost of a 1st offense DUI conviction is over $10,000.

• Towing your vehicle  $350-$450 (and that’s if you can find the Vehicle Registration in the glove box)
• Add $38 to $50 per day for your vehicle in the impound lot if you can’t bail your vehicle out.
• DMV Reinstatement of your Driver’s License $125.
• Pre-Sentencing Probation Report $1127.
• DUI Fine $1756.
• MADD Victim Impact Panel (voluntary donation of $20…pay it or you may end up with a Warrant for failure to complete the class)
• Supervised Probation (3 years)  $3564
• Increase in your automobile insurance $4600.
• Attorney Fees if you choose to hire your own attorney.  (if you enjoy sitting at the court for hours, paying for parking and listening to others arrested for DUI’s,  forgo the private attorney and use the Public Defender.
•  Don’t forget to fill out the Financial Declaration (signed under penalty of perjury) which forces you to show where all of your money is hidden.  Bank accounts, under the mattress, piggy bank, stocks and bonds, IRA, checking accounts, saving accounts…..and then San Diego County will tell you how much you have as “disposable income” and set up a payment plan for you to make payments for the Public Defender (they’re not free), fines and other court costs. And if you fail to make a payment on time to the court for anything be ready to see a Deputy at your front door to arrest you and take you back to jail.  San Diego County doesn’t have a Collections Dept.

                                                                             http://tinyurl.com/Financial-Declaration

•  Aside from missing this opportunity to sit like a sardine in a barrel while you wait in the court business office for hours waiting for your paperwork…….

• with a private attorney your case will slow down and you actually might get a better deal if you have a good attorney that handles a large caseload of DUI’s and knows the major players at the courts.  It’s about wheeling and dealing at this level.  A DUI conviction in San Diego County is going to make your life a living nightmare.

The next time you go out in the evening in San Diego think twice before you get behind the wheel and try to drive home if you had any alcohol to drink and you’re impaired.  The odds are against you and the chances are great that you could end up in jail, the hospital or the morgue.

Related Articles:

Need a ride home? Immediate service in a Town Car when you can’t drive home. Be safe…not sorry.   Call A San Diego Limo 858-568-4883   www.asandiegolimo.net

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• MADD honors top DUI cops (utsandiego.com)

Chapter 25 / Warning! Your Arrest is on the Internet

Anyone arrested in the United States needs to fear the Internet.  In the past your arrest record was a private matter and law enforcement only had access to this information.  People with arrest records could seamlessly travel through communities without having to reveal their past brushes with the law.  Unless you were wanted for a felony and you ended up on a Most Wanted website your secret was safe with law enforcement in the jurisdiction where you committed the crime. After a criminal case is dismissed some people move to another city and try to start their lives over again. Completing a job application wasn’t a problem since the arrest information may have been expunged or removed from court records in the jurisdiction of the crime.  Piece of cake, right?   Wrong.

Thanks to the Internet several new websites have started popping up on the first page of Google.  Do a search with the keywords of the name of the person and the word “arrested.”  Your arrest information is on the Internet and there isn’t a thing you can do to get it removed.  Its public record.  Here’s a few sites that share your darkest secret and keep sharing it for at least 6 months or more after your arrest.

http://www.localcrimenews.com

http://arrestfiles.org/

http://www.jailbase.com

In some jurisdictions your mug shot is on this website with the charges.  Jailbase.com offers a free notification service if any of your friends on Facebook are arrested. The data base is extensive and growing. The bottom line is if you break the law and get arrested the information will end up on the Internet.  Is there anything you can do to prevent the websites from sharing your arrest(s)?  No.  The information is public record and the website isn’t breaking the law by publishing the arrest(s).  Can you pay them to remove the information?  Nope.  I guess this a form of payback by society for breaking the law.  Many small towns have Police Blotters where they publish all calls to the local police station.  Jay Leno has routinely read some of the more bizarre and humorous calls to small town police stations.   Dog the Bounty Hunter has written a book entitled “You Can Run But You Can’t Hide” which is available on Amazon.com. In the past the greatest fear to anyone arrested was the Bounty Hunter if they decided to run.  Now the greatest fear for the arrestee is the information can be found online after being released from jail and months later. What if the case isn’t filed?  Doesn’t matter. Websites that display arrests don’t track the cases.

http://www.jailbase.com

http://arrestfiles.org/

http://www.localcrimenews.com

A disclaimer is on their websites about being innocent until proven guilty. Doesn’t matter when your information is on the Internet and the entire world can see you were arrested for a DUI, Domestic Violence, Under the Influence of a Controlled Substance, Drunk in Public, Elder Abuse, Receiving Stolen Property, etc  in the past 6 months or more. Landlords can view these websites before renting apartments to prospective tenants. Good luck trying to find a place to live once you’ve been arrested and the information is all over the Internet. Prospective employers can view these websites before hiring anyone. You’re boxed in if you’ve been arrested in 2012. You no longer can break the law and keep it a secret. You can run but you can’t hide from the Internet websites that track arrests.  Feels like the Nathaniel Hawthorne book “The Scarlet Letter” we all read in high school.   The letter “A” truly has new meaning once you’ve been arrested. How can you avoid ending up on one of these arrest websites?  I think you know the answer.  Don’t get arrested.

RELATED LINKS

Chapter 24 / San Diego’s Dirtiest Little Secret? Revolving Door at Jails

When someone is arrested the jail will take away all of your property including your cell phone.   Unless you have phone numbers memorized its going to be a very long stay in jail.   Several years ago I did a story with Consumer Bob at NBC 7 about the importance of memorizing phone numbers.

Since we did this story the jail phones in San Diego County Jails can call 619 area code cell phone numbers. If you’re calling a cell phone outside the 619 area code the person receiving the call must give their credit card or debit card number to PCS before the call will go through.  In addition,  I’ve noticed several of my clients have phone numbers written on their hands because the arresting officer allowed them to write phone numbers before they took away their cell phones.  It’s almost like a game of cat and mouse when it comes to getting arrested.  If you’re nice to the arresting officer and cooperate in most cases the officer will allow you the opportunity to jot down some phone numbers or even your credit card number, expiration date and 3 digit code off the back of the card.  What happens when you don’t have any phone numbers memorized or the arresting officer refuses to give you the chance to jot down some numbers?  Plan B.  Once the inmate is inside a jail cell with phones the best thing he or she can do is call a Bail Bond Agent.  The members of the Bail Agents Association of San Diego County, Inc are on a jail card by each phone in the jail cells. When an inmate calls me from a San Diego County Jail I treat each call as an emergency where someone is in trouble and needs my help.  Without any phone numbers it makes it more difficult but not impossible to get them out of jail.  The key is communication when someone is trying to bail out of jail. When an inmate calls a bail bond agency it’s very important that they remember who they called and stick with ONE agency. When an inmate calls multiple bail bond agencies it turns into a huge mess.  Case in point.  An inmate called me to bail out of jail.  The inmate requests that I call his parents to bail him out.  I call the parents and begin the process of bailing out their son.  Several hours pass while the inmate is being processed and no one hears from the inmate again.  Inmates cannot receive phone calls or messages because the jail is not a hotel.  So we must wait to hear from the inmate. Since there’s no communication between the inmate and the people trying to help them things can get complicated if multiple bail bond agencies were called by the inmate.  Or friends tried to bail out this inmate.  Or other relatives tried to bail out this inmate.  Talk about a communication breakdown.   Once the inmate “Clears” on the San Diego Sheriff’s website a bond can be posted for the inmate:

http://www.sdsheriff.net/wij/wij.aspx

The Bail Agent you selected goes to the jail to post the bond.  The clerk at the jail looks at the bond and says, “sorry, this bond was already posted.” WHAT???? This happens every day in San Diego. The reason? Communication breakdown.  The jail clerk cannot tell you who posted the bond.  So now you have to get your money back from the bail bond agency you paid and wait for your friend or loved one to get released.  Upon release the inmate is given a piece of paper with the court date and the name of the bail bond agency that posted the bond.  Lately in San Diego this has become a very common occurrence.  HUNGRY bail bond agencies are posting bail bonds without any money, without a signed Bail Bond Indemnity Agreement, without collateral and no co-signer. This is what we call HIGH RISK bail and in many cases these defendants disappear which creates more warrants for San Diego County.

This simple task of posting bail for a loved one or friend has turned into a major headache.  Now you’re at the mercy of the bail bond agency that posted the bond.  Why? Whoever posts the bond first gets the bond in San Diego.  I hate to say it but it’s turned into a big joke.  San Diego’s dirtiest little secret.  The majority of bail bonds written in San Diego County are probably on credit and financed by a handful of bail bond agencies with a staff of Bounty Hunters and a Collections Dept.  The BIG bail bond agencies are making this into a game.  The agency that posts the most bonds wins?  Wins what?   Its public record the number of bonds posted by bail bond agencies.   About 3 bail bond agencies in San Diego County write over 300 bonds per month while the majority of the bail bond agencies write less than 50 bonds per month.   Many bonds are being posted without any money. In some cases inmates are prompted by rogue bail bond agents to “work the room” for them. The more inmates they get to use this bail bond agency the bigger the “discount” for the inmate working the room for their own bond. This activity is against the law and if the bail bond agency is caught soliciting in this fashion they can be prosecuted and lose their bail license. The difficult part is catching the rogue bail bond agencies in the act. If your friend or loved one was bailed out by a bail bond agency that you didn’t select let me know  bailbondwoman@gmail.com . Or contact the California Dept of Insurance fraud@insurance.ca.gov . The right to post bail bonds at San Diego County Jails is a privilege and this privilege can be taken away if a licensed agent breaks the law.  If we lost the right to post bail bonds at our jails everyone would have to come up with the entire amount of the bail which would cut the number of inmates released while they await trial.  Or the nonviolent inmates would be released with GPS Electronic Ankle Bracelets which we know don’t work when the inmate cuts the bracelet off.

The answer is clean up the bail bond industry in California.   So how can you avoid being the victim of a bail bond agency posting a bond for your friend or loved one without your knowledge or consent?

1. Find out if the inmate called anyone about being arrested and in jail.  Including relatives, friends or bail bond agencies.
2. If the inmate states he/she called a bail bond agency ask them the name of the agency.
3. If the inmate called other friends or relatives get their names and phone numbers.
4. Contact anyone the inmate called to find out if the bond is being posted when the inmate clears.

Sadly this is a sign of our times.  Money is tight and bail bond agencies are fighting over bail bonds.  Many agencies are posting bonds in violation of their Rate Filing Fee which puts public safety at risk.  Dangerous inmates are walking out of jail without paying the standard 10% premium and securing the bonds with a co-signer or collateral depending on the size of the bond.

With AB109 many inmates are walking out of jail early with a GPS Electronic Bracelet and no bail bond.

The crime in San Diego has increased if you watch the news.   The number of robberies at convenience stores and home invasions are up.  Why?  The criminals have a revolving door to San Diego County Jails.   Unless  the taxpayers of this community speak up against the rogue bail bond agencies and find a way to raise money for privatizing our jails the risk of crime will only increase in San Diego County.    We can do something but it will take a grass-roots effort from this community.     Here’s a list of suggestions of how we can correct the bail bond industry in San Diego County:

Get some laws on the books to prevent bail bonds from being posted at San Diego County Jails unless:

• The premium is collected prior to the bond being accepted at San Diego County Jails
• The licensed Bail Agent must  give the name and phone number of the person requesting the bail bond
• A Bail Bond Indemnity Agreement must be signed by the inmate before posting the bond if the inmate “self bails”
• If the bond is too large and a bond is being financed 50% of the premium must be collected up front and the balance paid in full within 12 months

If we don’t get a handle on the way business is being conducted at our jails the number of crimes will only continue to grow.   The revolving door to our jails must be stopped.  Bail Bond Agencies need to be policed by the California Dept of Insurance. Commissioner Dave Jones we’re calling upon you to start enforcing current laws on the books and help create new laws to insure public safety in the state of California.

Related articles

• Chapter 23 / No Longer Business as Usual (bailbondwoman.wordpress.com)
• http://www.youtube.com/watch?v=b70Ko_E_K6g&feature=related
• http://www.youtube.com/watch?v=MwVaWIDhk_8&feature=related

Chapter 22 / Who’s in Jail in San Diego?

Who’s in jail in San Diego?  Or should I say who isn’t in jail in San Diego?  Sheriff Gore announced on April 27, 2012 the San Diego County Jails are almost full.   San Diego County has 7 detention facilities with a maximum capacity of 5,600 inmates.   As of last week we  have 4,922 inmates in custody in San Diego County.   The inn is almost full.   Thank you AB109 the law requiring local jails to keep the convicted nonviolent felons in county jails versus sending them off to prison.    The criminal justice system in California has changed due to the overcrowding in the California prisons.   The U.S. Supreme Court ordered California to correct the overcrowding in the prisons within a set time period.    We have until the middle of 2013 to complete this monumental task.   In the mean time what happens now?    Inmates arrested for some “misdemeanors” will basically be cited and notified when they will need to appear in court and won’t be going to jail.  What happens if you FTA or Fail to Appear?   Warrant for your arrest.  See Chapter 8.  The Cure of Warrants.   https://bailbondwoman.wordpress.com/2011/03/16/chapter-8-the-cure-for-warrants/

If you’re arrested for any of the following charges you’re still going to jail.   No “get out of jail free” for these offenses.

• DUI’s
• Suspicion of Annoying or Molesting Children
• Violation of Probation
• Domestic Violence
• Sex Offender Registration Violations

How do you find out if your loved one is in a San Diego County Jail?   Click on this link:  http://apps.sdsheriff.net/wij/wij.aspx

Type in the last name and then the first name of the inmate.   Then click Look Up.   If you see your friend or loved one’s name they’re in a San Diego County Detention Facility.  Click on their name and an Inmate Detail with their personal information will come up on the screen.    Here’s a list of information you’ll be able to view:

• Personal Information about the Inmate
• Housing Location (Detention Facility with links for directions, address, visiting schedule)
• Services (Email this Inmate, Schedule a Visit with this Inmate, Commissary and Register with Vinelink for status Notification of this Inmate)
• Arrest Information (Arresting Agency, Date and Time of Booking)
• Bail Information  (Eligible for Bail, Not Eligible for Bail in Process, Not Eligible for Release, No Bail)
• Release (Sentenced? and Projected Release Date)
• Case / Charge Information (Case Number, Charge(s), Code, Code Description, Court Location, Court Date, Court Time, Charge Class (Felony or Misdemeanor), Bail Amount for each charge)

If your friend or loved one cannot be bailed out of jail the Services section will be your best mode of communication with the inmate.   An inmate can receive ONE email per day.  They can receive emails but cannot respond via email.    Before anyone is allowed to email an inmate you must complete an online authorization form provided by the San Diego Sheriff.   You must complete this form and be approved before you will be allowed to email an inmate.    Debit Cards can be purchased thru the Sheriff’s website so inmates may call you without paying the higher collect call charges.   Shopping the commissary allows you to send gifts to inmates, put money on the books so they may buy items they may need or want from the commissary.   Schedule a Social Visit with the inmate thru the Sheriff’s website.    Please keep in mind if you’re going to visit an inmate at a San Diego County Detention Facility you MUST arrive 1 hour before your visit time to check in and the inmate can be brought to the Social Visit room.   I have personally seen loved ones arrive at the jail at the scheduled visit time and they were turned away by jail staff.    This can be heartbreaking for both you and the inmate.   So make sure you arrive ONE HOUR BEFORE your scheduled Social Visit time.

Due to the poor economy many inmates are in jail because friends and loved ones cannot afford the high bail amounts.    Chapter 17 Are Bail Bond Payment Plans a Good Idea?

https://bailbondwoman.wordpress.com/2011/11/12/chapter-17-are-bail-bond-payment-plans-a-good-idea/

Be very careful entering into a payment agreement with a bail bond agency.  Read the fine print.   What seems like a good idea could turn out as your worse nightmare.    I receive calls  from loved ones wanting to bail out an inmate when the bail is extremely high.   I caution these callers and suggest waiting for the Arraignment or Bail Review Hearing to try to get a reduction in the bail amount.   Many times a $100,000. bail is reduced to half or less if the defendant has no priors, employed and established in the community and not a threat to public safety.   A few nights in jail may save you thousands of dollars.   If you decide to use a bail bond agency that offers a “low down” with payments, make sure you understand how the interest rate will be computed.   I’ve heard of people paying double and triple the premium amount by the time they finish paying off the bond.    If a case is rejected by the District Attorney and you bailed out your friend or loved one the premium is still due.    The case could be dropped and you’re still on the hook for the full premium.    Buyer BEWARE.

With the criminal justice system changing in California we will see alternative forms of custody in our lifetime.   House arrests,  Electronic Monitoring Devices and maybe get a microchip implanted.    As scary as that sounds its quite possible convicted felons will have a microchip implanted in our lifetime.   Removing an Electronic Bracelet has become common practice if you’ve watched the latest video’s on YouTube:

http://www.youtube.com/watch?v=E_zWXlfYGS4&list=PLE0A00C02368C3D30

If you think you have a loved one or friend in jail check the Sheriff’s website:

http://apps.sdsheriff.net/wij/wij.aspx

If you think you may have an Active Warrant for your arrest check the Sheriff’s website:

http://apps.sdsheriff.net/warrant/waar.aspx

If you think you may have a Restraining Order or Protective Order against you check the Sheriff’s website:

http://apps.sdsheriff.net/tro/tro.aspx

If you have a current felony case with court appearances scheduled for the next 5 days here’s a link to check:

http://www.sdcourt.ca.gov/portal/page?_pageid=55,1643413&_dad=portal&_schema=PORTAL

If you found this information helpful let me know.

Since this YouTube story aired on Channel 10 News the rules have changed at Las Colinas Women’s Detention Facility.  If a bail bond is posted between the hours of 10:30pm and 6:30am an inmate may be released as long as she has a ride home with a friend or family member.   Sorry no Taxi Cabs.

Chapter 21 / DUI + INJURY = FELONY

You went out to celebrate and that involved a few drinks.   After the celebration you decided to get behind the wheel and drive home because you thought you were able to drive.  On the way home the impairment caused loss of control of the vehicle and there was a collision with another vehicle.   The driver of the other vehicle was injured and maybe there were passengers in the vehicle injured.  Maybe pedestrians were injured. When the police arrive the impaired driver is given a Sobriety Test.  If the driver blows in the Breathalyzer above .08 BAC or has their blood drawn the driver is taken into custody and charged with  23153(a) / 23153(b)VC pending the results from the blood test if the driver refused to blow.   DUI with Injury and DUI with .08% BAC with Injury.   Bail is set at $100,000. in San Diego County for these charges.   Driving is a privilege many people take for granted.  In an instant that privilege can be taken away.   Losing your drivers license is nothing compared to the felony charges facing the driver when arrested for a DUI with injury.   One impaired decision to drive after drinking alcohol can lead to sitting in jail for days, weeks, months or even years. While the driver charged with DUI w/injury is sitting in jail wishing he or she never got behind the wheel after drinking, there’s a victim suffering with physical injuries and mental anguish.

Where do you start to pick up the pieces after being arrested for Felony DUI?   The first question most people ask is “why is the bail set so high?”   The Presiding Judge and the committee of judges decide each year the bail amounts when they review the Bail Schedule.   Felony DUI is a serious charge and the court wants to insure the defendant returns to court to face the charge or charges.   What if you can’t make the $100,000. bail?   At the Arraignment you hope your attorney can get the bail amount reduced.   The court will consider many factors before reducing the bail amount.   Is this defendant a threat to public safety?   Does the defendant have ties to the county?   Has this defendant been arrested for a prior DUI or DUI’s?   The District Attorney and the attorney representing the defendant will present arguments to the judge and a decision will be made.   Depending on the defendant the bail amount could stay the same. Or the bail could be reduced. Or the bail could be raised to insure the defendant either remains in custody or will have a financial risk if he or she fails to return to the court for future court appearances. If the bail isn’t reduced at the Arraignment the defendant can request a Bail Review Hearing scheduled at a future date.   Another opportunity to try to get the bail reduced.   Once out on bail the defendant will prepare their defense with their private attorney or the Public Defender.  If the defendant cannot post bail they will remain in custody and be brought to each court appearance via transportation provided by the Sheriff’s field trip bus from jail.

Defendants able to post bail on felony charges must appear at all court appearances when ordered to do so by the court.   Even if a defendant has retained their own attorney he or she must be at all court appearances unless told by the court they do not need to appear.    California SB291 went into law on January 1, 2012.   According to District Attorney Bonnie Dumanis “this law will stop defendants from slipping out of custody and save taxpayers thousands of dollars.  It costs a lot of money to extradite defendants to face charges in San Diego County.  Every time one of them post bail and flees our jurisdiction prior to appearing in court, tax dollars are squandered.”   Senate Bill 291 sets the bail at $100,000. for a defendant who is extradited back to California to face original charges.  The $100,000. will be in addition to bail already set on the underlying charges.   Basically a bail will double in this case if the defendant were to flee on a $100,000. bail.

Depending on the outcome of the case a defendant could be looking at jail time, fines and loss of their drivers license for a set period of time.    In addition to the court costs, attorney fees, fines, restitution for the victim(s) which could include repair to their vehicle(s), insurance deductibles if your automobile insurance policy covers the property damage and medical costs for the victim(s) and costs for the vehicle driven by the defendant. If the car was towed and stored there are fees to be paid.  If the vehicle was a total loss more fees and damages to be paid.    After getting through all these damages and fees what about the employment of the defendant?  In many cases the defendant will lose their job as a result of the arrest.  A DUI with injury is a very expensive arrest with life changing consequences.    Next time you decide to go out and drink please don’t drive.    Make sure you have a designated driver or call a taxi for a ride home.   If you are too impaired to drive the end result could be deadly.

Chapter 19 / What? The Public Defender isn’t Free?

Contrary to what you’ve seen on TV the Public Defender is not free.   What happens if you don’t retain your own attorney before your arraignment?  When you arrive to the assigned courtroom the Public Defender will meet with you and briefly go over your charges and what deal the District Attorney or ( City Attorney in San Diego Superior Court for misdemeanors) are willing to make in exchange for your plea of guilty.   The Public Defender handling your arraignment has been assigned to that courtroom and will only represent you for this appearance.   If you decide to plead not guilty at your arraignment another Public Defender will be assigned to your case.

So how much will it cost for the services of a Public Defender?  The fee for the Public Defender is determined by the information you provide on the Financial Declaration.   You must sign this declaration under penalty of perjury.   The Financial Declaration form is available thru the San Diego Superior Court website and can be filled in online and then printed.  By using the PDF fillable form provided by the San Diego Superior Court website the finished product will be neat and easily read by the court.   The key is to make sure the court can read your form.    Every penny counts when it comes to determining your “disposable income.”

http://tinyurl.com/Financial-Declaration  

It is strongly suggested that you complete this form prior to your arraignment.   If you have access to a computer and printer complete the Financial Declaration form online and print out the form.   Don’t forget to bring the completed Financial Declaration with you to court.   Otherwise you will be given a blank Financial Declaration form and be expected to do the best you can to complete the document.   Going to court can be nerve racking and the thought of completing a Financial Declaration at this moment is just frightening to me.  I can’t remember how much I paid for my utilities last month.   Can you?   Take advantage of your time prior to your arraignment and complete the Financial Declaration.  You will benefit from having done your homework.  The amount you pay for the Public Defender is based on the income and expenses listed on your Financial Declaration.   The  fee is part of the “court costs”  determined on the last court appearance on your case and listed on your court document.

What happens if you have your own attorney?   You won’t need to complete the Financial Declaration if you have your own attorney. However, if you end up having to pay fines that need to be paid in monthly installments the court uses this form to determine your monthly payment amount.   Again, take your time.   Make sure every number on the page can be verified with statements and receipts.   The court will verify your information.   If you decide to make monthly installment payments be advised the court has several options for making payments and when the payments are due.   San Diego Superior Court does not have a COLLECTIONS DEPT.    There is no such thing as “oops, I’m sorry I was late on a payment to the San Diego Superior Court.”    Remove this from your consciousness.    By calling the court and making excuses it won’t help.   While the clerk is telling you “its ok, do the best you can”……..the BIG RED BUTTON is pushed.   Warrant for your arrest.    If you’re late on a payment start checking the Sheriff’s website for your name.   Give it a week…….you’ll be on the website.

http://apps.sdsheriff.net/warrant/waar.aspx

Oh my!  Warrant for my arrest.  OMG!  Now what do you do?   You have a few choices.  See Chapter 8 “The Cure for Warrants.”    You can call me and I can clear your warrant and get you back on court calendar.   Or you can call your attorney or Public Defender to request another court appearance to clear your warrant.   Bottom line on making mistakes with payments for fines to the court………don’t be late on a payment or you get to tell the judge why you were late.    Clerks can’t clear warrants.   Once you miss a payment its back to court.   So don’t be late on a payment.  You could end up hearing the doorbell ring at 7am on a Sunday morning and a Deputy Sheriff will be standing there with handcuffs waiting to take you back to jail.   And you’re going to jail in whatever you’re wearing at the time.   I’ve bailed people out in their pajama’s many times.    Don’t let this happen to you.

If you have appeared in court and the judge/commissioner has ordered you to pay a fine you may choose to pay the fine using one of the following options: Online: (click Pay Fineto begin now). https://tops.sdcourt.ca.gov/TrafficMainMenu.htm Automated Telephone System To Pay Fine:(619-906-5888) Mail: Send a check or money order payable to “San Diego Superior Court” along with your Notice of Payment Due to the court address on the notice. Fax: Fax completed Notice of Payment Due to the appropriate office location. Express Drop Box: Most locations provide an Express Drop Box where you may submit your payment with the notice. In Person: Appear at the appropriate office locationduring normal business hours. Phone: Call the appropriate office location during normal business hours. You may use a credit card for all of the methods of payment above.

Chapter 18 / To Blow or Not To Blow?

Every client I bail out of jail for a DUI asks me the same question.  “Should I have blown or not?”   I’m not a lawyer and I cannot give legal advice.  The choice to blow is a subjective question that only you can answer.  Making the decision to drive after drinking is an impaired decision.   The thought process to blow or not to blow is also impaired.   Let’s make up a scenario and try to walk through it together.    You go out to dinner with friends and have a few drinks.  You ate some food and its been a few hours since your last drink.   You’re thinking driving shouldn’t be a problem since you’re only a few miles from your home.    The clock starts ticking when you enter your vehicle, place the keys in the ignition, turn on the vehicle and then start driving.    You’re fair game for a police officer to pull you over and conduct a sobriety test which may include blowing in a Breathalyzer to determine your BAC (Blood  Alcohol Concentration).   If you’ve never taken a sobriety test or seen it conducted on TV or in a movie it’s very difficult when you’re impaired.    The police officer will ask you to touch your nose, walk in a straight line or maybe say the alphabet backwards.   The Breathalyzer test has been added to help law enforcement in making a determination of what your BAC is at the time of your arrest.   In California it is illegal to drive with a BAC of .08% or more, .04% for commercial vehicle drivers and .01% if the driver is under 21.

What are your choices in California when you’re pulled over by law enforcement?   Each time a Californian renews their driver’s license with the DMV (Dept of Motor Vehicles) a driver is required to confirm and agree to the following disclosure:

I agree to submit to a chemical test of my blood, breath, or urine for the purpose of determining the alcohol or drug content of my blood when testing is requested by a peace officer acting in accordance with Vehicle Code 23137 or 23157.

I understand that if I’m under 21 years of age, I cannot legally drive with a BAC of .01% or more.  Driving with a BAC of .01% or more, refusing to take, or failing to complete an alcohol screening or drug test, results in a one-year suspension of my driving privilege.

I understand that the DMV will add convictions reported by other states/ licensing authorities to my driving record, which may result in sanctions against my California driving privilege pursuant to the applicable sections of the California Vehicle Code.

If you refuse to blow and have your blood drawn you’re going to jail because the blood test results won’t be available until the date of the arraignment several weeks later.   If you blow in the Breathalyzer and your BAC is .08% or more you’re going to jail.   When you’re pulled over for a DUI plan on going to jail.  It’s just that simple.

As I Googled the reliability of Breathalyzer tests I noticed that many of the articles stated body temperature, environmental agents and body chemistry can effect the outcome of the test.

http://www.ehow.com/facts_6804751_reliability-breathalyzer-test.html

According to Lawrence Taylor, California DUI Attorney and Author,  he wrote on his blog, “Why Do Police Always Destroy Breathalyzer Evidence?”   Taylor’s website is packed with information, links to useful websites and a DUI video library.  Check it out.

http://www.duiblog.com/2011/12/19/why-do-police-always-destroy-breathalyzer-evidence/

Back to the original question.  Should I blow or not if I’m pulled over for a DUI?   Do your homework and read about the Breathalyzer test and then make the decision based on your interpretation of the equipment.

We don’t live in a perfect world and people make mistakes.  Drinking and driving is a mistake that will change your life forever.    When you see the red lights flashing in your rear view mirror there’s little time to think clearly how you’re going to handle this police officer.    By the time you’re pulled over and stepping out of your car for a sobriety test it’s too late to find a designated driver or take a taxi home.   The police officer will give you an opportunity to blow in the breathalyzer.   The decision to blow or not to blow is in your hands.   Only you know how much you had to drink.   The best way to avoid a DUI is don’t drink and drive.

When someone just can’t stop drinking and driving the next step is the Ignition Interlock Device.  A voluntary step to prevent a driver from operating their vehicle if their BAC is over the legal limit.  An impaired driver is a threat to themselves and public safety.   If you can’t stop drinking this might be your last chance before you lose your driving privileges.   Perhaps in the very near future the courts will mandate the installation of an Ignition Interlock Device after the first DUI conviction to make sure you can’t drive impaired again.

http://www.ignitioninterlockdevice.org

Judge Jackie Glass and her Swift Justice “Final Thoughts” on drinking and driving.  Thank you Judge Glass.

Related articles

Emily’s Story.  Emily never dreamed she’d be arrested for a DUI.     http://youtu.be/DB9WxnfBILU

How hard is it to get a DUI charge reduced?  http://videos.duicentral.com/how_hard_is_it_to_get_a_dui_charge_reduced.html

What are the most serious consequences of a DUI conviction?

 

Chapter 17 / Are Bail Bond Payment Plans a Good Idea?

Do you think bail bond payment plans are a good idea?  Back in the stone age when I got my Bail Agent license everyone charged the same amount and the premium was collected in full before we posted the bond.  This was the intent of bail in the first place to make sure the defendant would return to court for all the appearances.  That’s the way things used to work. Not anymore.  A handful of greedy bail bond agencies decided they were going to shake things up in hope of squeezing out all the little bail bond agencies.   The big bail bond agencies decided to offer payment plans.  Like buying furniture or a car on credit.   The only difference is the penalty for missing your payments.  Some of these bail bond agencies started sending out thugs in the dark of the night to show up at the homes of people who owed money on their bail bonds.  Dressed in combat clothing and armed with weapons.  Collection people harassing you with daily phone calls is nothing compared to armed thugs in combat gear at your door.  Imagine opening your front door and thugs demand that you pay for your bail bond or the defendant is going back to jail?  That’s right.  Going back to jail.  In some cases the thugs took the defendants back to their offices and held them there until someone paid the premium owed to the agency.   http://www.myvalleynews.com/story/51747/     

Criminal Complaint filed on September 14, 2011 against AJ’s Bail Bonds in Modesto, CA.    http://tinyurl.com/7zdzorl   

3 Bail Agents were being held on $2 Million bail for holding clients against their will for hours to extort additional payments from them according to the prosecutor in Stanislaus County Superior Court.  http://tinyurl.com/7cesqjm     

http://tinyurl.com/cftqqg4  In August, 2006 Steven Petrilli was charged with  murdering police officer Nick Birco.   Petrilli was out on 2 financed bail bonds. 

http://tinyurl.com/cy8beuk    First Degree Murder suspect Robert Dean Hall was able to bail out on a financed bail bond. 

Selami Ozdemir was able to post a no-money down $25,000. bail bond and within a few hours shot his wife to death and then killed himself.    http://tinyurl.com/7c877vo  

Still think payment plans are a good idea?  Many bail bond agencies charge excessive interest rates for bail bonds on payment plans.  I’ve heard of interest rates higher than credit card interest rates.  The interest on a bail bond is compounded daily or per annum.  Depending on the interest rate set by the bail bond agency the interest could be as much as double the premium for the bond.  Let’s say the bond is $50,000.  The Premium on this bond is $5,000.  At an 18% interest rate you could end up paying $15.000. for $5,000. in premium for your $50,000. bond.  You could have bought a car for the length of time it will take you to pay off this bond.   These bail bond agencies figure if you don’t have a credit card they can charge whatever interest rate they want because you have no choice.   If you want your loved one out of jail you’ll agree to just about anything.   All you want is to get your loved one out of jail and a simple down payment of $750 on a $50,000. bond with $5,000. premium sounds real tempting.   The “Walmart” of bail bond agencies uses this tactic on a daily basis.  Before you know it you’re signing documents for a payment plan that will last an eternity.  And they won’t let you out of this debt.  These bail bond agencies will sue you and get a judgment.  Their collection people will hound you until you agree to pay them off.  They will come to your home in the dark of the night to collect their money.    I’m willing to bet the case against your loved one will be over long before you ever finish making the payments on the bail bond premium.  The threat of returning your loved one back to jail is over once the bond is exonerated. Did you know a bail bond agency cannot return a defendant back to jail if the reason is unpaid premium.  This is a civil matter.  Therefore, any bail bond agency that threatens to return your loved one back to jail for failure to make payments on the premium is being dishonest.  What if you bail someone out of jail and agree to a lengthy payment plan and the case is rejected and not filed?  You’re still on the hook for the FULL premium + interest to the bail bond agency and the case was dropped by the court.  Too bad.  The bail bond agency still gets their money plus the interest you agreed to pay before the bond was posted.   So what happens if you stop making the payments once the case is over?  If the premium owed is $5,000 or less (in California) the bail bond agency can sue you in Small Claims Court or a TV court like @SwiftJusticeTV  http://swiftjustice.com .  A judge will more than likely rule in favor of the bail bond agency as long as they have documentation proving there was a contract for the full amount owed signed by both parties.  At this point you can expect a judgment against you for the money owed on the bail bond plus court costs which will affect your credit.  What a nightmare! What about public safety?   When a person charged with a violent felony charge or charges is released from jail on a bail bond where they paid next to nothing down…..how safe do you feel?   There have been several cases in the news where a defendant bailed out of jail with a small amount down and offended again.  Case in point Maurice Clemmons and 4 police officers are dead.   http://tinyurl.com/2ufrwsu

How do you get your loved one out of jail if you can’t afford the premium on the bond?  If the bail amount is $25,000. the premium is $2,500.   Most bail bond agencies will require at least 50% down and allow you to make payments on the other half over a set time as long as the indemnitor owns a house.  The house will be used as collateral to insure the premium is paid and secure the bond.    Many bail bond agencies like Bail Bond Woman don’t charge interest on the premium owed on a bail bond.   Shop around until you find an agency that doesn’t charge interest.   The amount of money you save is worth your time.  What agencies should you avoid?

• Avoid bail bond agencies that say  “ZERO DOWN”
• Avoid bail bond agencies that say “little or nothing down”
• Avoid bail bond agencies that say they offer “payment plans with low-interest rates”

What if you don’t have the 50% down required for the bond?   Wait until the arraignment and hope for a bail reduction.   If the bail isn’t reduced at the arraignment your attorney will request a Bail Review Hearing.  When the charges are serious the bail amounts are higher.   In some cases the bail is just too high and your loved one will have to stay in jail.  

Final thoughts on bail bond payment plans.  Buyer beware of payment plans that are too good to be true.  If you think the bail bond premium needs to be 10% and no discounts for any reason…. please write to your congressman.    If you think  bail bond agencies offering payment plans should be required to collect at least 50% down and collateral should be mandatory when making payments….. please write to your congressman.  If you think the premium should be collected and a contract signed before a bond is posted….please write to your congressman.  In San Diego we have bail bond agencies that post bail bonds with a simple phone call from the jail inmate.  On a promise to pay when they get out of jail.  I doubt the drafters of the 8th Amendment would be very happy with these bail bond agencies.   If you want to put a stop to this kind of freestyle posting of bail bonds…please write to your congressman.   A bill made its way around Sacramento on bail and payment plans a while back.  The bill was defeated because the lobbyists representing the big bail bond agencies and sureties made sure the law didn’t pass.   Still think payment plans are a good idea?

Related articles

• http://www.myvalleynews.com/story/51747/     Bail Agent Arrested for Abducting Customer
• http://tinyurl.com/cy8beuk   Police Officer Nick Birco Murdered By Defendant Released on Financed Bond
• http://tinyurl.com/7j9rcz4   Charged With First Degree Murder and Out of Jail on a Financed Bail Bond

 

Chapter 16 / When is it Time to Step Up to the Plate?

Stepping up to the plate and admitting guilt before taking the time to speak to an attorney can have unforeseen consequences.   There’s a very fine line of when to take ownership of your actions once you’ve entered the criminal justice system .   When is it time to admit we made a mistake and we’re ready to suffer the consequences of our actions?    I will differ this one directly to your attorney that represents you in your criminal case.   

Growing up we were taught to take responsiblity when we make a mistake.   An example might be in 3rd grade you threw a ball into a neighbors window and broke the glass.   Do you run and hire an attorney before you admit you threw the ball that broke the window?  Probably not.  Would you tell your parents before going over to the neighbor’s house?   Maybe.   Having your parents doing the talking when you’re so young is always a good idea.   Parents always know the right words to say and make it seem like you knew the consequences of your actions.   And of course your parents will offer to pay for the repairs and guarantee you’re going to be punished.    Well, that’s kind of how the criminal justice system works with one huge exception.   As adults when we make a mistake that can result in criminal charges we don’t leave the scene to get our parents or an attorney.    For example, you’re driving under the influence of drugs and/or alcohol and you hit some parked cars.   Leaving the scene to get your parents or attorney will lead to hit and run charges.  A felony.   Once laws are allegedly broken your actions are documented every step of the way by the arresting police officer in their police report.    This same arresting officer will give you an opportunity to give a voluntary statement about the charges you’ve been accused of at this point.   Now what do you do?  Step up to the plate and admit everything??  Think long and hard about everything you say and do from this point forward.    The arresting officer will place handcuffs on your wrists and drive you to the jail no matter what you say in your voluntary statement.    I hear all the time from my clients that police officers say it will help their case if they admit to the charges at the time of the arrest.    Have you ever seen that help in a criminal case you’ve seen on TV?    It’s a natural human response to just start talking when under stress.   Will the arresting officer add more charges if you don’t admit to the charges?  Doubtful.  I have heard from many attorneys they wish their clients had waited to talk about their case in the privacy of their offices.  The problem with hindsight is…. its hindsight.  

No one can tell you what to do when its 3am and you’re standing on the side of the road doing a sobriety test with a police officer.   The key is be prepared for anything that happens in your life.   How can you prepare for getting arrested?   Does that sound absolutely ridiculous?   We didn’t have this class in high school.   Maybe we need this class taught in high school so our young adults understand the consequences of their actions.   I’ve put together a short list of things to have with you when you’re arrested:

1. You need to memorize at least one phone number of a friend or family member to bail you out.
2. Write phone numbers on your hand before the arresting officer takes away your cell phone.
3. Before the arresting officer bags up your property make sure your wallet with your Debit or Credit Card is in the bag going with you to the jail.
4. Try to remember the name of the arresting officer and the location of the arrest if your car is left at the scene.
5. When the officer asks you to give a voluntary statement remember its VOLUNTARY. 
6. Once in custody stay focused on getting out of custody as soon as possible to properly prepare to defend yourself against the charges brought against you.   
7. The advice attorneys always give their criminal case clients is don’t discuss your case with anyone except them. 

Back to the original question.  Is there ever a time to admit you broke the law and take ownership of your actions?   Listen to your attorney that represents you in your criminal case.    That’s why you have an attorney.   Their job is to protect you and make sure you understand the charges and the consequences of owning the charges brought against you.

Chapter 15 / How to Select a Bail Bond Agency

A bail bond agency calls to bail out your loved one.    How do you know the caller is really calling from a bail bond agency?  Ask the caller for their first and last name.  Ask them to spell their name.  In California licensed Bail Agents can be found on the California Dept of Insurance website.   http://tinyurl.com/rbkwvn    

If the person calling you is a licensed California Bail Agent their name and license number will be on this website.  You can see the name of their bail bond agency and how long they’ve been in business.    

What if your loved one calls you from jail and requests that you bail them out?  How do you find a bail bond agency?  Go to a website such as (Yellow Pages)  www.yp.com and type in bail bonds for the city and state where you live.  Keep in mind if you do a Google search the bail bond agencies that will be listed on the first page paid thousands of dollars to be there and may not even have an office in the city where you live.    Chances are you’re calling a large agency with an answering service that will forward your call to an agent hundreds or thousands of miles away.    Do you really want this kind of service?    I doubt it.

San Diego County Jails have a card in each jail cell with the names of all the bail bond agencies that belong to the Bail Agents Association of San Diego County.     Each agency has been thoroughly checked and must meet certain criteria to be on this card.   The bail bond agencies on the jail cards must have an office in San Diego County,  the owner of the agency must be a licensed Bail Agent in California and a member of the association in good standing.  The employees of agencies that belong to the association must be licensed Bail Agents in California.   These jail cards are updated each year.     

How do you know if the bail bond agency is a good agency?    When you’re trying to bail someone out of jail every minute counts and you don’t have very much time for a thorough investigation.   Here’s a list of a few things you should look for before making your choice.

1. Do they have a website?   Go to their website.   Is their Insurance License prominently displayed on their website?   

By law in California licensed Bail Agents must have their license number on all advertising.  Including business cards, websites and phone book ads.

2.  Is the agency listed on www.YP.com or www.Yelp.com ?  Customer Reviews on Yelp are filtered by their staff.   Do  the Customer Reviews appear to be written by real customers?    Look at the dates on the reviews.  Read the names of the people that wrote the reviews.   Real customers won’t use their real names for a bail bond.  Many people will make up a nickname.  If they were all written within a few days or weeks they’re probably fake.  Duplicate reviews by the same name usually indicates a fake review.    Don’t be fooled by agencies that try to move up in rankings on search engines with fake customer reviews.    Most people can tell if the customer review is fake and written by the agency.

3.  Look for experience.   A Bail Agent licensed for over 10 years is a good sign. 

4.  Just because a bail bond agency spends thousands of dollars on advertising doesn’t make it a good agency.   Do you think because they have a full-page ad in the Yellow Pages they’re a good agency?    Not necessarily.    What kind of service do you think you’re going to get with a big bail bond agency that has TV commercials, radio commercials,  billboards, bus stop benches, full-page ads in the phone books?     Chances are pretty good their phones are ringing off the hook and they have a minimal number of people working in their office juggling phone calls and bonds.   The person that negotiates a bond must be licensed.   How many licensed agents do you think work between Midnight and 8am?   Whose the loser?   The person in jail getting short-changed because their time in jail is increased while the big bail bond agency is trying to handle their phone calls and people coming into their offices to be processed.       Still think bigger is always better?

5.  Beware of bail bond agencies that offer to discount or undercut other agencies to get your business.   Each bail bond agency in California has a rate filing and in most cases the premium is 10% of the total bail amount.     If an agency offers to write a bond for 5% or less be careful.   The agent may not be licensed or is willing to lose their license to get your business.   Any bail bond agency that charges less than their rate filing is breaking the law.    If you know the premium is being discounted and you get caught the consequences will be severe for the agent, the agency and you as the client.    The agent could lose their license, be arrested and pay a fine.    The defendant could be taken back into custody and the bail could be enhanced as a result of this criminal act.       The client could be subject to criminal charges of conspiracy to commit fraud.    Trying to save money with a bail bond is a big mistake.     The California Dept of Insurance is actively investigating bail bond agencies advertising “little or nothing down.”     Buyer beware.    

6.  Back to the California Dept of Insurance website.   http://tinyurl.com/rbkwvn     Look carefully at all the information about the agency.   Look at the address of the agency.   Length of time they’ve been in business is important.   Look at the number of Sureties that have appointed this agent or agency.    This is another red flag.    If you see an agent or agency jumping from Surety to Surety that would be a red flag.     Why do they need to keep changing Sureties?  (a Surety is the insurance company that underwrites the bail bonds for the agent or agency).

7.  Make sure the bail bond agency that you call actually has an agent that lives in the city where your loved one is in custody.   And not just a “posting agent.”    Definition of posting agent is a person that merely takes the bond to the jail.  You won’t have any interaction with this person.   Many bail bond agencies claim to have offices all over California.  When in fact they’re in L.A. or even outside of California and using fake phone numbers with area codes for your city.  Another clue about a bail bond agency that operates in one city and claims to be EVERYWHERE is the information they tell you.  Did the agency tell you they were in contact with the jail in San Diego?  Or they need to gather information from the jail?    This is “double talk” for scrambling to find someone to post the bond for them in San Diego.    The San Diego County Jails are set up to be “user friendly” for the general public, attorneys and bail bond agencies.    Everything you need to know can be found on the San Diego Sheriff’s website.     www.sdsheriff.net   Check the Sheriff’s website yourself.  The process is 4-10 hours before an inmate is cleared for a bond and eligible for release in most cases.   No smoke and mirrors in San Diego.     A bail bond agency in Los Angeles has no idea how we operate in San Diego and will keep feeding you misinformation while they scramble to find someone to post your bond.   If that’s the kind of business you’re looking for I wish you luck.   Most people prefer working with a licensed Bail Agent from start to finish.   Not a drive through bail bond agency where you pay your money and hope when you call them again they know you and something about your case.   

 When you call Bail Bond Woman you’re getting a California licensed Bail Agent since 1996.    I physically live in San Diego and when you call Bail Bond Woman you’re speaking to the actual Bail Agent that will go to the San Diego County Jail and meet your loved one.    Not a posting agent that will post the bond and leave.     The relationship starts with a bail bond and doesn’t end until the case is closed.    Visit my website  www.bailbondwoman.net   you will see my license number is prominently displayed.     If you click on this link    http://tinyurl.com/4y3pukz  you can see my name, address, how long I’ve been licensed and the dba Bail Bond Woman was approved in 1998.      I was appointed by Safety National Casualty Corporation in 2002.    Read the Customer Reviews  http://tinyurl.com/5twcudw     The customers that wrote these reviews wanted others to know the type of service you can expect when you call Bail Bond Woman.   

The trauma of learning your loved one has been arrested is overwhelming.   Having to deal with an inferior bail bond agency is the last thing you need at this difficult time.    Do your homework before you decide what bail bond agency to use.

Chapter 12 / Bail Reduction

What happens when the bail is too high and you simply cannot afford to bail out of jail?    Most charges involving child endangerment, threat of great bodily injury or death will carry very high bail amounts.   High bail amounts are usually upwards from $100,000. to $1 million.   In cases involving death the court may order a $0 bail until the defendant makes the first court appearance.     The intent being to make sure the defendant will return to court and face the charges brought against them.       

Let’s use the example of a DUI with bodily injury which is a felony.   The bail is $100,000.    In order to bail out of jail prior to the arraignment the defendant would need to come up with the 10% of the bail amount which is $10,000.     What if you don’t have $10,000.?    Without the ability to post bail a defendant must stay in jail until the case comes to some closure.   What if the bail amount was lowered to something the defendant could afford?    The terminology is BAIL REDUCTION.     How do you get a bail reduction?    First you need an attorney to appear before the court on your behalf.     The attorney is either your own attorney or the public defender.   The request for a Bail Review Hearing is usually discussed at the arraignment or the first appearance by a defendant before the court.     In some cases the subject of the bail amount is discussed during the arraignment and there’s a possibility the bail will be reduced prior to a Bail Review Hearing.    Here’s a list of factors the court considers when discussing a reduction of bail:

• Has the defendant lived in San Diego County for a substantial amount of time?
• Is the defendant a “flight risk?”
• Criminal record for prior convictions?
• Has the defendant ever been out on bail and failed to appear?
• Does the defendant have a job?
• Does the defendant have family ties to San Diego County?
• Will this defendant be a threat or pose danger to the community if released on bail?

Family members are encouraged to be present in the courtroom during court appearances which demonstrates support.      The judge will take everything into consideration before making a ruling on the bail amount.      

How do you find an attorney experienced in criminal law and bail reductions?  Your favorite search engine or website for listings of criminal defense attorneys.     If you cannot afford your own attorney the public defender will represent a defendant in custody.     A Bail Review Hearing is scheduled upon request for every criminal case where the defendant is in custody and cannot afford to bail out of jail.    

When the bail amount is just too high and the defendant must stay in custody the best thing a family can do to help their loved one is continue to communicate with them and offer support.

• Attend your loved ones court appearances
• Send an email once a day
• Schedule Social Visits
• Purchase Prepaid Calling Cards to save on collect calls
• Put money on the books so they can purchase items in the commissary

Useful links:

San Diego County Sheriff Website:    www.sdsheriff.net

Bail Bond Woman Website:  www.bailbondwoman.net      Click on USEFUL LINKS and click on “Who’s in Jail”   Type in the last name and first name of your loved one and their name will appear.  Click on their name and an Inmate Detail will appear.  In the middle of the page you will see links to the Email, schedule social visits, add money to their books for purchases in the commissary and  other useful information.    At the bottom of the page you will see the bail information, charges and court information.