Author Topic: California ends cash bail  (Read 4021 times)

Scout26

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Re: California ends cash bail
« Reply #25 on: August 31, 2018, 10:53:58 PM »
I'm somewhat surprised they didn't do what Illinois did.  The state is the bailbondsman.  You pay your 10% to the state, they let you out.  If you don't show you of course, forfeit your 10%, plus a warrant for your arrest, then you owe the state the 90% after they find you (not)guilty.

If you do show as agreed, once your trial is over you don't get your 10% back.   Another way this state makes money off of taxpayers.
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grislyatoms

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Re: California ends cash bail
« Reply #26 on: September 01, 2018, 12:20:32 AM »
*Not* allowable.  "This note is legal tender for all debts, public and private"
That will go to SCOTUS.
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grislyatoms

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Re: California ends cash bail
« Reply #27 on: September 01, 2018, 12:33:48 AM »
They cannot refuse cash. SCOTUS will blow this right out of the water.
"A son of the sea, am I" Gordon Lightfoot

Firethorn

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Re: California ends cash bail
« Reply #28 on: September 01, 2018, 06:26:28 AM »
If you do show as agreed, once your trial is over you don't get your 10% back.   Another way this state makes money off of taxpayers.

How is this even legal?  Hasn't anybody sued over it being a penalty without conviction?

http://www.chicagotribune.com/news/local/politics/ct-bruce-rauner-bail-bill-met-0610-20170609-story.html

Some googling shows that they've reduced the amount of cash bail needed to get out of jail.

Firethorn

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Re: California ends cash bail
« Reply #29 on: September 01, 2018, 06:36:41 AM »
They cannot refuse cash. SCOTUS will blow this right out of the water.

Uh, are you talking about the Op?

Because the Op is about them getting rid of monetary bond bail period.  They don't care if you would "pay" with cash, check, or gold bullion anymore.  They aren't providing a dollar amount at all.

It's more "You can get out if you agree to a GPS monitor".  A "cash price" for parole is no longer being set at all.

It's not that they're refusing cash.  They aren't setting a price in USD at all.

grislyatoms

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Re: California ends cash bail
« Reply #30 on: September 01, 2018, 09:46:38 AM »
Thanks for the clarification, Firethorn. Wow, that's even worse.
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Firethorn

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Re: California ends cash bail
« Reply #31 on: September 01, 2018, 02:28:52 PM »
Thanks for the clarification, Firethorn. Wow, that's even worse.

How?  

Okay, to expand on how I see it.  

The program takes over some of the work of bail bondsmen.  The state has "pretrial services" which takes a look at the suspect, such as family ties, property, assets, etc...  They determine whether or not the person is a flight risk, or a potential danger to others if let out of jail.  They make a recommendation to the judge, along with maybe the prosecutor or defense attorney.  The judge makes a decision whether to let the prisoner out, and under what non-monetary conditions, such as an ankle bracelet, surrendering their passport, etc...  No longer is it "Crime X = $X bail", regardless of the ability of the defendant to pay.

This, done properly, can actually save money while increasing the rate of people showing up at trial, because pre-trial services does things like call people up to remind them that they have court tomorrow.  Remember, most criminals are stupid, and jail is expensive.

Anyways, as I see it bail companies ended up distorting the bond process.  They converted a bond amount into a bond fee.  This allowed bond requirements to spiral out of the ability of the average person to pay, which bond companies love because that just increases their income from that 10% fee.  It got quite ridiculous, despite judges supposedly being required to set bond amounts that people could actually pay.  You also had some problems in that it was very difficult for judges to deny bail for parties that were obviously at high risk of violence or flight.

It turns out that money isn't actually a good guarantee of people showing up to court.  Either they don't have enough assets to put up a serious bond, or they have enough to flee anyways, if that makes any sense.  Most things tying people down are family and tangible assets they can't just get rid of, like their house.  

By getting rid of cash parole, they can get MORE people out of their jails, at least the poorest drug-addicts and such, who don't need to be in it.  This saves a lot of money in that it gets people out of the expensive jails.

It can even improve justice.  Imagine this:  You're being held on $100k bail, but you don't even have $1k in the bank to tease a bail bondsman into helping you.  You are innocent, or at least confident that you can prove a reasonable doubt for the crimes you are accused of.  The prosecutor is being an idiot.  But, if you don't get out of jail in the next 3 days or so, you are going to lose your job, apartment, and stuff.  The prosecutor is offering a plea-bargain with no jail time, but it will be a month before you can go to trial.  Do you plead guilty or not?

This *expletive deleted*it actually happens on a regular basis. 

Scout26

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Re: California ends cash bail
« Reply #32 on: September 01, 2018, 07:21:32 PM »
How is this even legal?  Hasn't anybody sued over it being a penalty without conviction?

http://www.chicagotribune.com/news/local/politics/ct-bruce-rauner-bail-bill-met-0610-20170609-story.html

Some googling shows that they've reduced the amount of cash bail needed to get out of jail.

Illinois Bail Bond Rules
In Illinois defendants and their families are paying bonds directly to the court without the use of commercial bail bondsmen. The circuit court then is allowed to retain 10% of the bond money that they collected to pay for their administrative costs. See 725 ILCS 5/110-7(f).
Some days even my lucky rocketship underpants won't help.


Bring me my Broadsword and a clear understanding.
Get up to the roundhouse on the cliff-top standing.
Take women and children and bed them down.
Bless with a hard heart those that stand with me.
Bless the women and children who firm our hands.
Put our backs to the north wind.
Hold fast by the river.
Sweet memories to drive us on,
for the motherland.