Law Forum : Bail Bond Business

Discussion in 'Law Forum - Prisons - Gun Ownership' started by Destee, Jun 13, 2005.

  1. Destee

    Destee destee.com STAFF

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    Hello Family,

    I've often wondered about how this bail bond stuff works.

    If you are arrested, you can go to these folk and pay them some money, and get free until you go to court.

    If after going to court, and you're found innocent ... do you get that money back?

    What goes into becoming a bail bonds person?

    Do you know of any Black owned bail bond businesses?

    :heart:

    Destee
     
  2. KWABENA

    KWABENA STAFF STAFF

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    Sorry to say Destee...

    But all I know about Bail Bonds, is that there is a location on almost every corner downtown here in Jax/Duval.

    CD
     
  3. $$RICH$$

    $$RICH$$ Lyon King Admin. STAFF

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    never looked into it , i have no clue because many family
    pay there bonds but i know like families they lose 10% of the bond
    and get the rest back !
     
  4. Kingpin

    Kingpin Well-Known Member MEMBER

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    Here ya go!!!

    The way a Bail Bondsman works is that they are in effect putting up your Bail.

    This means that if you are arrested they must set a "bail" for your release. It could be anything from $0.00 to $1 million, what the bondsman does is put the amount of the bail and you pay him usually 10% so if it is a $10,000 dollar bail you would pay $1,000 dollars you would not get this back. The bail bondsman however recieves the money for the bond when you appear in court for your crimes. If you dont show up he doesnt collect untill you are caught or you show up.

    The bail bondsman is taking responsibilty for you. If you could pay the whole thing you are better off, because if you go to court you recieve your bond back in full.

    If you want to become a bondsman you will need to contact the local court to find out what there requirements are. It is my understanding that there usually are not a whole lot of them but mostly a matter of money and paper work.... :flowers:

    I hope this helps a little..
     
  5. karmashines

    karmashines Banned MEMBER

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    That's a good question.
     
  6. Destee

    Destee destee.com STAFF

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    Kingpin is no longer with us ... :cry: ... though i do thank him for his response. Since i can't ask him to respond to my questions ... hopefully someone else will be able to elaborate in his stead.

    Okay ... let me see if i'm understanding properly.

    1. The court sets your bail @ 10K.

    2. If you have the $10K ... you can pay it, in full, directly to the court ... and remain free until court time.

    3. If you appear in court as ordered, you receive this $10K back. (I'm wondering here, is the bail just to insure you appear, or must you also be found not guilty for whatever they were charging you ... in order to get the money back?).

    4. Now, if you don't have the $10K in full to pay the court, you go to a bail bonds person, and they are allowed to only put up 10% (1K).

    5. Question ... why is the bail bonds person allowed to put up only 10%? Can i, as a regular citizen, just put up the 10% for myself?

    6. If the bail bonds person puts up the 10%, and i don't show up in court, are they obligated to pay the entire $10K to the court ... or ... hunt me down and deliver me to the court?

    7. So the bail bonds person is taking a risk of having a $10K debt, for saying they'll make sure i be in court on the appointed day?

    8. A bail bond person's income is derived primarily from the return of the 10% that the court returns to them, after i appear in court?

    9. If #8 is true, that's why i don't get my bond money back, because it's paid to the bail bonds person ... ultimately their fee.

    Okay ... yall see me thinking out loud ... bear with me ... :)

    It seems i (all of us) would know a lot about bail bonds folk, because we are obviously in need of them more than others ... based on the fact that we overwhelm the prison system, and collectively, are the poorest.

    What is the history of the bail bond business?

    Bounty hunters just came to mind. Were the original bounty hunters, white men looking for our enslaved Ancestors, that had escaped? Hmmmm ... is this what the bail bond businesses grew out of?

    Can anyone name or link us to any Black owned bail bond businesses?

    Okay ... as you can see above, i answered some of my own questions (i think) ... during my talk it out process ... but i'm still not comfortable with my understanding of how this works, why it exists, and who exactly it was created for.

    Looking forward to more discussion.

    :heart:

    Destee
     
  7. Kemetstry

    Kemetstry going above and beyond PREMIUM MEMBER

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    Yep


    It's legalized loan sharking. Plain and simple. My late inlaw was into that. He made a ton of money :lol:
     
  8. sonnee01

    sonnee01 Well-Known Member MEMBER

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    Yep Kemetstry, legalized loan sharking is exactly what came to my mind while reading this thread.
     
  9. Monetary

    Monetary going above and beyond PREMIUM MEMBER

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    You are correct for the most part. The 10% is the MAXIMUM percentage of the bail amount that the bail bond dealer can set as a fee for borrowing their money. That's all it is. You borrow money to bail yourself out of jail until your court date or arraignment. They do not necessarily have to charge you the entire 10%. Remember, there is competition in the bail bond market. If they want customers, then they will lower the price of borrowing their money if there is a lot of bail bond dealers in their area in order to make money. The 10% is set by state statute.

    The bail amount is what has to be paid in order to be released from jail. If you pay that amount yourself, then you pay the full $10,000 (per your example). If you use a bail bond dealer, you only pay 10% of the $10,000 or $1,000. That $1,000 payment is the fee to the bail bond dealer for borrowing her/his money. Hence, you do not get that money back. However, if you pay the $10,000 bail amount to the court, then you will get that money back minus processing fees, assuming you show for court.

    The bail bond dealer doesn't actually give the court $10,000. They give them an IOU stating that they will pay the court a forfeiture fee which is a percentage of the $10,000 if you do not show up for your arraignment. If you do not show up on your court date, then the bail bond dealer has 6 months (may vary according to the state) to bring you back or their IOU becomes due immediately and they lose a percentage of their $10,000 (forfeiture fee). The forfeiture rate is 50% in Michigan. So, if you do not show up for court...AND you can not be found within 6 months, the bail bond dealer pays the court $5,000.

    Bounty hunters are used to track down someone who has missed their court date. To avoid this situation, most bail bond dealers will pick you up maybe a week before your court date and keep you until then.

    Since most people who go to jail don't have $10,000 at their disposal, they use a bail bond dealer.

    When you are arrested, the bail amount is set by someone at the police station. Usually, this amount is set very high. The next day (if it's during the week) or the following Monday (if you're arrested on the weekend or Friday night), a judge or a group of judges (a panel) determines the amount of the bail. They usually lower the bail amount given you've spent time in jail already. However, that depends on what crime you're charged with.

    From what I've read, a philanthropist/professor did a study on the number of people who would return to court if they were let out of jail. At this time, the jails were overcrowded because they kept everyone in jail who were arrested. Regardless of the crime, you were kept in jail. Anyway, to get rid of this overcrowdedness, he suggested that they release on their recognizance (ROR) those who had committed menial crimes. However, for those individuals who committed murder, they had to stay in jail. Or, if there was a high probability that a person would commit a crime such as kill a witness, they would keep them in jail.

    To make a long story short, everyone was allowed bail because they were not yet found guilty of a crime. Hence, the bail bond market was created.

    Yes, this is similar to loan sharking but is no different than borrowing many from a bank or a friend who has the responsibility of making sure you appear on your court date.

    I don't know of any link to a website listing Black-owned bail bond dealers...but they exist. I know one in Texas. I know of one woman here in Detroit who owns a bail bond business. I met her nephew online. He said she has issues with Black men. She doesn't think Black men can be trusted. smh
     
  10. OldSoul

    OldSoul Permanent Black Man PREMIUM MEMBER

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    A note on this...

    You're correct that the bail bond business and especially, the bounty hunter business, derived directly from the slave catching business. There are any number of Black bondsman/women, as it is essentially a loan business, but most dont advertise the nature of their business to the general public. Their customer base is fairly specialized: the so-called "criminal" class and their families.
     
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