Thanks to Stew Peters, a friend and colleague of AAA Bonds, for contributing to our blog and addressing questions about the bail bond industry. His three part series will review public perception of bail bonds, review case examples, and highlight the benefits of using a bail bond company.
Part 1: Clarifying Public Perception about Bail Bonds
I recently agreed to do an on-camera interview with KIMT (a CBS affiliate news station covering north central Iowa and southern MN) regarding a bail bond posted on behalf of Julio Baez, a former police officer accused of criminal sexual conduct. During the interview, I spent the better part of thirty minutes describing the process of bail, how it works, and the benefit to having a defendant released on the recognizance of a licensed bail bond company in the state of Minnesota.
When the story aired, I was disappointed to find only a 10-second portion of my interview was shown. This was misleading to the viewing audience who, more than likely, has no idea how bail works, why it is in place, and how defendants are held accountable when they are released from custody via the posting of a surety bond.
I was quoted as only saying “that consent order allows for a bail bond company on bonds over a certain amount to even take less than 10- percent. They can collect as little as 30- percent of that premium which in Mr. Baez’ case would be 15- thousand dollars.” While this is a true statement, the framing of the story was positioned to create the misconception that accused defendants can essentially get out of jail by paying a nominal amount to a bail bond company. This is not true.
The portion of the interview that was omitted was that when a defendant posts bail with a licensed bail agent, the level of accountability is significantly increased, both in criminal and civil cases. A defendant that posts bail using a licensed bail agent goes through an underwriting process to determine the defendant’s risk of flight, ties to the area, financial wherewithal, likelihood the defendant will reappear, and several references and/or co-signers. These co-signers, along with the bail agent, bail bond company, and insurance company, are now held liable for the bail amount (in this case $500,000) should the defendant fail to appear for a hearing before District Court.
The bail bond industry has often been attacked by public figures who have little, or in most cases, no knowledge of the process involved with facilitating the release of a defendant accused of a crime in the state of Minnesota, (or any other state for that matter).
If Mr. Baez, or any other defendant, fails to appear while out on bond, there are several people with “skin in the game” that will immediately act to bring Mr. Baez back before the court, and secure his availability for prosecution in the matter.
- The co-signer(s) stand to have action taken against them, such as judgement(s) filed against them preventing future finance approval, the loss of assets, and the garnishment of wages.
- The bail bond company would have ninety days to return Mr. Baez to court, before they would be forced to write a check for the total amount of the bail, $500,000. The bail company will contract an agency like ours (Twin Cities Apprehension Team) to locate, apprehend, and deliver the defendant to the custody of the Sheriff. Our agency would conduct a thorough investigation and bring Mr. Baez to jail.
- The insurance company would retain investigators to protect the $500,000 liability, as well.
Using a bail bond company assists law enforcement and helps protect public safety.
Stew Peters
Director of Investigations
Twin Cities Apprehension Team
310 4th Avenue South
Fugitive Unit, Ste 5010
Minneapolis, MN 55415
Thanks to Stew Peters, a friend and colleague of AAA Bonds, for contributing to our blog and addressing questions about the bail bond industry. His three part series will review public perception of bail bonds, review case examples, and highlight the benefits of using a bail bond company.