Bail Bond News From Other States

Credit Bonds in California- A bill (AB2368) under consideration in the California Legislature would prohibit extending credit on bail bonds. The bill was defeated in committee.

Credit Bonds in Arkansas- Judge Willard Proctor Jr. issued cash only bonds in an effort to thwart the extension of credit on bail bonds. The decision came after hearing Pulaski County Deputy Prosecuting Attorney Barbara Mariani’s concerns about the practice of credit bonding. State law requires a bonding company to charge defendants 10 percent of the total bail, making the cost of a $250,000 bond $25,000. Discounts are against the law, but credit bonding is legal and allows defendants to pay upfront only a portion of the 10 percent requirement, known as a premium. Defendants then pay off the difference over time. The upfront portion can be as little as 1 percent, Mariani said. Bail is intended as a financial guarantee that a defendant will show up for court if released from jail. A bond is the legal agreement to secure the guarantee. Higher bonds are more effective at ensuring defendants come to court, Mariani said. “You are much more likely to show up if you’ve got $25,000 riding on it rather than just $1,000,” she said. Bond costs also are an issue for defendants with public defenders. “If someone makes a $250,000 bond, why is the public still paying for an attorney?” Mariani said. Credit bonding came to the attention of prosecutors last month after a Little Rock murder suspect jailed for nine months and unable to make bond was accidentally released for four days. The defendant was returned to custody and promptly made a $250,000 bond through credit bonding, Mariani said. At a hearing last month, he said his family put up the money. He said he needed a public defender because he still couldn’t afford a private lawyer.

Tennessee Bondsman Convicted- Bondsman Roy Lee Parker offered a police officer a $1,000 bribe on behalf of his client to make a DWI arrest disappear. The Tennessee Bureau of Investigation was alerted. Parker cooperated with the TBI and was later convicted of bribery and tampering with evidence. His client was convicted of bribery. Article here.