Family Bail Blog

Orange County Allowing Credit Cards for Cash Bail is Bad Public Policy

Orange County is the latest of several California county jails have made it possible for inmates or their families to pay the full amount of bail with a credit card. Four new kiosks were installed last week at Theo Lacy Jail in Irivine and at the Orange County Central Jail in Santa Ana (OCJ). With these kiosks it will soon be possible to pay a full bail amount with a credit card in order to arrange bail payment without the use of a bail bondsman.

How Credit Card Bail Works

Quite simply, an individual walks up to the kiosk and puts the full bail amount onto their credit card. With a valid credit card, the kiosk company will charge the full amount of the bail plus a service fee. At other County jails such as the Ventura Jail, the amount of the service fee is 7%. Let’s say that the amount of bail is $10,000. That means that the credit card will be charged $10,700.

When the defendant returns to court and the case is complete, the $10,000 will be returned to the credit card. The county as well as the “third party” processing company (unlicensed or regulated by the California Department of Insurance which overseas the bail industry) retain the remaining $700 fee.

Lack of Defendant Oversight

What happens if the defendant does not return to court after they’re released? Who is held accountable? The State? The County? Certainly not the kiosk company. Orange County and other California jurisdictions simply do not have the resources to bring in fugitives. With bail bondsmen, this isn’t an issue. If a bail bondsman is used, then they are on the financial hook for that defendant and will do what has to be done to bring the defendant in to face their charges. The bondsman does not want to pay off $10,000.

Unlicensed Surety

This goes against public policy and state law. The California Department of Insurance has regulations in place to ensure that only licensed bail bond agents profit by posting bail for an inmate. By allowing credit card bail, a “third party” is profiting from the process without having to be licensed by the state.

The Department of Insurance has various requirements for bail agents (known as a “surety”). One of these is the ability to pay off bonds that may forfeit through the use of an underwriter and financial reserves.

Increased Consumer Debt and Hidden Fees

Using a credit card for cash bail can be predatory to unwary consumers. The “third party” entity is only disclosing the fee amount that they charge for bail. What they do not let consumers know is that the consumer are going to be charged a cash advance fee by the credit card company. This could be at least 2%, if not more. Can you afford to pay the minimum monthly payment for such a large sum PLUS the additional interest that is going to be charged? Keep in mind that $10,000 would be a small bail amount in Orange County. Criminal cases often continue for months and sometimes years.

The Bail Industry Works

By using a bail bondsman, the consumer will always know the true cost of bailing out a loved one. Instead of a lot of hidden fees, the fee for bail is 10% of the bail – no more, no less. There are no surprises. Some bondsmen allow for bail payment plans with no interest.

Defendant released on bail with a bondsman return to court in 98% of cases nationwide. The “retail bail” or private bondsman industry gets the job done at no cost to the public.

What kind of “service” is the kiosk to the public? It’s about time the state started thinking about abolishing credit card bail from our jail systems.

How Much Do I Pay The Bail Bondsman?

This is very common question and can be found on Yahoo Answers! where we frequently answer to bail related topics.

Question:  If your bail is set at $8,000, how much do you pay the bail bondsman?

Answer:  Bondsman fees can vary per state, but they will generally range Read more »

San Mateo Approves Funding for New Jail

This past Tuesday, the San Mateo County Board of Supervisors approved the spending of $16.5 million for the construction of a new jail, in spite of protests from opponents.

The decision was reportedly unanimous. The new facility is estimated to cost $155 million. The board approved contracts with project managers and architects and came to an agreement with local trade unions. Construction is scheduled to begin at the new location for the jail in June.

There were about twelve people waving signs protesting the plan to build the new jail, which has no official funding source to date. The money will likely need to be financed. The protestors urged the board to look for alternatives for sending people to jail.

Sheriff Munks has been pushing for a new facility, citing the overcrowding of the Maguire Jail Correctional Facility and deterioration of the Women’s Jail as reasons to build a new jail. The new project will also create about 300 construction jobs.

The county has taken this plan more seriously now that Read more »

Monterey County Bail Bonds

Learning that someone you care for has been arrested can be both stressful and frightening.  In California it’s not uncommon for a defendant’s bail to be set at $25,000 or above.  Even though bail bonds cost just 10% of the total amount of a person’s bail, $2,500 can still be a lot of money to need to pay all at once.

Years ago it was much more common for people to pay for bail bonds in full.  Now, however, most Monterey County bail bonds companies find they need to be flexible with their clients when it comes to finding an affordable monthly payment plan that works within their budget.

Some companies may even be able to offer Read more »

Las Colinas Jail Gets Passing Grade

A May report issued by a San Diego County Grand Jury describes the Las Colinas Detention Facility as being well kept and maintained.

The panel visited the 14-acre facility last September after harsh condemnations had been made as to the condition of the jail.  Those criticisms were so harsh, say county officials, that construction of a new, updated facility has been approved.   The groundbreaking is scheduled to take place later this summer.

The contract for the 1,216-bed facility was awarded to Balfoour Beatty/Barnhart.  The 45-acre jail will be located adjacent to the Riverview Office Park, will stand two-stories tall and will be surrounded by barbed wire and metal fencing.   Construction is scheduled to complete in late 2014.

According to a recent report by 10News.com, the biggest challenges Las Colinas jailers face is separating various categories of inmates.  At current, the jail houses female detainees convicted of a wide-range of crimes, ranging from misdemeanor offenses to violent felonies.  The report goes on to state that approximately 18% of inmates need to be kept separate from the general population for a variety of reasons.  The Grand Jury believes that the state’s prisoner realignment program could cause that number to increase.  State officials disagree.

The only recommended change listed in the Grand Jury’s report involved the introduction of Saturday parental visiting hours.  The suggested location for the visits is a County juvenile girls’ rehabilitation facility.

 

 

Choosing a Career in the Bail Industry

This question addresses a common bail related topic, found on Yahoo! Answers where we will often answer to many bail topics.

Question: I am looking to make a change in careers to one of the following:  Bail Bondsman, Asset Recovery Agent, or to become a P.I. (Private Investigator).   Any input on where I should begin would be helpful.

Answer:  Folks looking for a new career has become very common these days.  The three you mentioned are very different. So, in short, I would say Read more »

LAPD Cinco De Mayo DUI Checkpoints

The Los Angeles Police Department has announced it will be holding a number of DUI checkpoints at locations throughout the city in conjunction with this year’s Cinco de Mayo celebration.

Celebrated every year on May 5, Cinco de Mayo honors the heritage of Mexicans throughout North America.  It has also, unfortunately, become a night associated with overindulgence and binge-drinking.   The Los Angeles Times has reported the LAPD is requesting party goers remember to designate a driver before heading out to restaurants, bars and parties before the “Fiesta” begins.  The Department further said those pulled over at the checkpoints will be checked for an odor of tequila on the breath.

DUI Checkpoints will take place at the following locations and times:

• Friday May 4,   7 p.m. to 3 a.m
  Vermont Ave.  at 6th St.
  Hollywood Blvd. at Gower St.

• Saturday May 5,   7 p.m. to 3 a.m.
  Cahuenga Blvd. at Broadlawn Drive

• Sunday May 6, 7 p.m. to 3 a.m.
  Imperial Hwy. at Main Street

A DUI Saturation Point will also take place on Sunday May 6 between the hours of 12 p.m. and 8 p.m. in the area of 77th St.

The LAPD suggests persons celebrating Cinco de Mayo consider leaving car keys at home, pre-arranging taxi service or pre-planning public transportation prior to starting the festivities.   It is also requested that persons who see drunk drivers call 9-1-1 to report them. Other jurisdictions will also be out in force, so play it smart.

Those who are arrested for a DUI in LA, first time offenders are Read more »

Expert Bail Service In Napa County

When someone is arrested in Napa County it generally takes between two and four hours for them to be fully booked into the system.  During this time they will have their mug shots and fingerprints taken, will undergo a national warrant screen and they will have their bail set.  Napa County bail bonds can be posted 24-hours a day so it is prudent to call an expert bondsman as soon as you learn your friend or family member has been arrested.  Getting the bail bonds process started quickly can help expedite their release.

Persons arrested in Napa County will be taken Read more »

How Much Do I Pay For a Bail Bond?

This is a bail related question found at Yahoo! Answers, where we will often give expert advice.

Question:  In short, my boyfriend is in jail and has a total bond amount of $30,000. The court says they will let him go for $3,000 which is ten percent of $30,000.  If I used a bail bondsman will I pay 10% of the $30,000 or 10% of the 3,000?

P.S. He will not skip his court dates as he is very trustworthy.

Answer:  You do not mention which state the bond is for. Bail bonds are regulated on a state by state basis,  so that would be significant information.  However,  in the state of California, where I am a bail bondsman, you either pay the full bail amount to the court, which in your case it would be $30,000.  If you decide to use a bail bondsman then you will pay 10% of Read more »

San Mateo County’s New Realignment Plan

Because of the state’s new jail realignment plan, San Mateo County has reportedly decided to implement its own realignment plan in order to accommodate the hundreds of expected inmates that will be sent to the county jails instead of prisons.

It is estimated that the county will see about 600 new inmates in the jails within two years. This is one reason for county supervisors to approve plans for a new jail quickly.

Since October of last year, San Mateo County jail has received 66 inmates who would have otherwise served their sentence at a state prison. They are either housed in the jails or placed in a supervised probation program.

The local realignment plan will incorporate Read more »