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Thread: Overstepped?

  1. #1
    Wardy Landrau - -'s Avatar
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    Post Overstepped?

    Here's a situation in Etowah County, AL. The new sheriff has this great idea to undermine bail bonding companies. They are now offering people who are arrested to pay the circuit clerk 10% of the bond to get out. And if you show up for court, they give it back to you. (Probably minus court costs, fines and fees.) Now if I’m not mistaken, A sheriff doesn’t have the authority to take refundable deposits on any kind of bond. We only have 3 types of bonds, surety, property and cash.

    What has everybody worried is if the sheriff continues to operate this way, it will spread to other counties. The clerk did say they will only do this during court house business hours and the full 10% has to be paid. So does anybody have any ideas on how to fight the sheriff on this?


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  2. #2
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    Re: Overstepped?

    I would assume that that right their is your first step, determine if the department and the court system has the legal right to offer this service to individuals.
    That is a good question though,I hope other's with a little more knowledge on this subject post's their reply's

  3. #3
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    Re: Overstepped?

    There are many counties doing that already...I myself don't think it's right but who am I? They call it pretrial release. Some counties have an agency within the court system or sheriff's office that is called Pretrial Court Service Agency...They charge 10% cash bond on the amount of the bond and if you show up for court they refund approximately 90% of the 10% paid.

  4. #4
    Stephen L. Keeling -'s Avatar
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    Re: Overstepped?

    I found this on Google

    Pretrial Release Service Program

    Introduction

    The Pretrial Release Services Program provides objective assessments of criminal history and personal data for judicial proceedings on all new arrestees in order to classify their public safety risk.

    The Pretrial Release Services Program (PRSP) investigates the criminal history and personal background of arrestees processed into a County or City Central Booking or Intake Detention Center and presents this information at court hearings. This program also supervises arrestees who have been released on recognizance (ROR).



    What is a meant by Pretrial Release Program ?

    The program is an Alternative to Incarceration and provides all criminal court defendants that are initially unable to post bail, the opportunity to be interviewed to determine eligibility for release from jail under a supervised program administered by Pretrial Services of the court.

    Who operates the Pretrial Release Services Program ?

    Most large cities have some sort of alternative release programs. These programs are funded by local governments and work as an arm of the court. "Pretrial Services Agency" as it is more commonly known is typically responsible for interviewing all defendants prior to their initial court appearance and making a bond recommendation to a judicial official.

    Is PreTrial Release Guaranteed to all Defendants ?

    No, Pretrial releases are mainly for defendants accused of minor crimes who can demonstrate that they live the community and pose no threat of flight or danger to the community at large. Some jurisdictions only release those that meet the above criteria and are indigent or do not own property.

    What if I am not indigent or own property ?

    Pretrial was set up to help only those that cannot afford to post bail. If you feel that you can pay your bail or have the collateral (own property) then it is best to pay your bail in cash or thru a bail bond company. Additionally, some states forbid a defendant from being released on a Pretrial program if he or she is charge for a serious crime or a crime of violence. See list of serious crimes.

    What is the function of a Pretrial Services officer ?

    Responsibilities include directing the interviewing of inmates for pretrial release purposes, validating risk assessments for bondable felony arrestees for use by the court system in fashioning pretrial conditions, monitoring defendants released to the pretrial programs.

    When is the Pretrial interview conducted ?

    Collect, verify, and report to the judicial officer, prior to the pretrial release hearing, information pertaining to the pretrial release of each individual charged with an offense, including information relating to any danger that the release of such person may pose to any other person or the community, and, where appropriate, include a recommendation as to whether such individual should be released or detained and, if release is recommended, recommend appropriate conditions of release . . . .

    The officer prepares a report that helps the Court make an informed release or detention decision. If the defendant is released, in general, pretrial services officers are responsible for: assisting persons under supervision in complying with conditions of release, monitoring compliance, providing necessary support services, and informing the court and the U.S. attorney of all apparent violations of conditions.

    Goals and Objectives - The Pretrial goals include:

    1. Maximizing the release of qualified detainees who are interviewed and recommended for release under specific conditions of supervision. This enables detainees to secure or maintain gainful employment to support their families.
    2. Helping to reduce costs to taxpayers for the incarceration of pretrial detainees.
    3. Providing neutral, non-biased, verified, background information and data to the courts, the Defense Attorney and District Attorney’s Office for the determination of bond release and condition of supervision.
    4. Reducing the failure to appear rate and risk to the community of those detainees released to the Program by using assessment instruments to determine supervision levels, treatment needs and additional recommendations to the court if needed.
    5. Supervising offenders sentenced to Community Corrections awaiting a bed space.

    Methods of Supervision

    Telephone Contact
    Periodic Office Visits
    Mail-In Reports
    Drug Testing and Monitoring*
    Mental Health or Substance Abuse Evaluations*
    Domestic Violence Evaluations*

  5. #5
    Stephen L. Keeling -'s Avatar
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    Re: Overstepped?

    From what I found on Google, there are alot of Counties doing this now. The courts see alot of money to be made by this, and they want to cut out the middle man (Bondsmen). I think maybe the key word here is "Competition". Just my thoughts on it.

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