Blog

When I think about 10% deposit bail and I think about it often, I keep thinking how it’s a Rubik’s cube of logic that proponents use to justify its use to guarantee a criminal defendant’s appearance in court. Deposit bail (posting 10% of the bond in cash with the court with the remaining 90% unsecured) is really nothing more than an air sandwich being fed to the general public. A vacuous guarantee provided by the criminal offender himself, providing zero sustenance to victims and taxpaying citizens or the criminal justice system. Penn State assistant Coach Jerry Sandusky recently released on a 100% unsecured bond, not even a partial cash deposit; that was an air sandwich with cheese.   In our effort to prove the Air Sandwich Theory we have initiated an effort to…

MSNBC.com reported November 14, former Penn State assistant coach Jerry Sandusky, who has been charged with 40 counts of sexual abuse of young boys, was released on a $100,000 unsecured bond or more accurately described as being released on his own recognizance. Sandusky was not required to pledged collateral to the court, obtain a bail bond or call friends or family to stand up for him. The only call he had to make was to a taxi service to ask for a ride, “because they’re letting me go”.   Pennsylvania District Court Judge Leslie A. Dutchcot, the judge who ordered Sandusky released on a free bond, has come under fire for her decision.  Questions have been raised as to her impartiality and her ties to Sandusky through The Second Mile, a charitable…

A bail industry meeting took place on the 2nd floor of the Crown Plaza Hotel down the street from LAX on November 2, 2011. The meeting was organized by the American Bail Coalition and included representatives of not only the members of ABC, but California’s two bail agent associations, California Bail Agents Association and The Golden State Bail Agents Association and representatives of Aladdin Bail Bonds, the state’s largest retailer. This cooperative was named the California Bail Coalition (CBC).   The purpose of the meeting was to gather stakeholders operating within the California commercial bail community to discuss ways the bail industry can better involve itself in the process of moving thousands of criminal offenders from the state’s prison system to local county jails brought about by the passing of AB109. Specific focus…

Last week’s annual meeting of the Professional Bondsmen of Texas marked the end of John McCluskey’s run as the Association’s President. John was at the helm for four years and I believe most would agree he was an effective leader. John was tireless in his efforts to have a positive impact on commercial bail in Texas. As part of the Legislative Committee he spent a significant amount of time in Austin promoting the bail industry and derailing legislation like S498 that would have introduced deposit bail in Texas. John was also key supporter in creating a partnership with the Steven G. Whitlock Memorial Golf Tournament, raising nearly $100,000 for Camp Esperanza in the last three years. PBT had not been formally affiliated with a charity prior to John’s tenure. John turned over the…

“Where in the world is Mike?” is a common refrain I hear as I travel around the country meeting with bail agents. I guess I brought this on myself.   I recently attended a meeting of the Georgia Association of Professional Bondsmen in Savannah. Ironically, it was following a fall meeting of the GAPB in 2004 I had written my first blog. That blog proved to be the impetus for what would become my Where in the World is Mike Whitlock online articles.     American Surety Company had been producing a premier industry newsletter for years but it had become clear the information being disseminated was often dated and stale by the time it reached the reader. While I’m no Steve Jobs, we do try to be innovative in our thinking and…

Discretion – the quality of having or showing discernment or good judgment. – Merriam- Webster Dictionary   An article was recently posted to the on-line issue of the Daily Report, a publication serving Greenfield, Indiana, which reported 95% of the bonds set by Judge Terry Snow were full cash bonds. Essentially, Judge Snow of Hancock County Superior Court 1 is ignoring the recent Indiana Supreme Court ruling in Sneed v. State where Indiana’s highest court ruled that a judge abused his discretion by not permitting a bail bond to be posted in lieu of cash.   The purpose of bail is to provide a guarantee of appearance by a criminal defendant at all required court appearances up to and including trial. In the State of Indiana bail bonds are executed by licensed…

It’s been six months since Governor Brown signed into law AB 109, part of California’s criminal justice realignment agenda. AB 109 purportedly will help ease prison overcrowding by retaining lower-level offenders and parole violators with short term sentences in the county jails and releasing from custody qualifying pretrial detainees with only a GPS monitor to ensure appearance. Counties are to be paid by the state for housing convicted felons.   AB 109 could dramatically impact the use of commercial bail as county jail officials will be releasing pretrial detainees by any means possible to make room for the paying customers; convicted felons. Under AB 109, a pretrial detainee is not eligible for release on a GPS monitor until after they have been in custody for 30 days, therefore we will see an increase…

Bail agents of The Buckeye State met in Columbus on September 22-24 for the 6th Annual Meeting of the Ohio Bail Agents Association. The OBAA has been quietly trying to improve conditions for commercial bail in that state.   Senator Bill Seitz was on hand to speak about his 309 page Sentence Bill (HB 86) which became effective September 27. The bill includes an amendment from the bail industry which provides for the clerk to mail a notice to the surety within 15 days after the declaration of the forfeiture. The show cause period has also been increased from a minimum of 20 days to 45 days.   Senator Seitz is an enthusiastic and loyal supporter of commercial bail and the role it plays in the criminal justice system. Senator Seitz fought hard to…

I’m happy to be home in Indianapolis for a few weeks before embarking on the fall swing of state association meetings which begin next month.  While home, I was able to help get our three girls back to school and our son off to his first year of college. Go WKU Hilltoppers! How’s that? Back to the job and stark reality, a defendant was charged in Los Angeles recently for engaging in sodomy with another consenting adult, while sodomy is illegal in California, arrests are rare.   His bond was set and posted at one million dollars.  Conversely, in South Bend, Indiana a two time sex offender charged with yet another sex related crime involving a six year old boy was released on a $3000 cash bond by a St. Joseph County…

North Richland Hills,TX - Camp Esperanza is an annual summer camp for kids ages six to 18 who are battling cancer. The camp with its staff of volunteers of doctors, nurses and layman can handle 140 kids. There’s a waiting list. Former camp kid and current camp counselor Diana Garcia, who spoke during awards ceremony said the kids are laughing and giggling with excitement on the bus trip to camp and teary eyed on the trip back, they don’t want to leave.  It’s a slice of Heaven one week a year for these kids to interact with other kids who can identify with their health issues and medical needs. The Steven G. Whitlock Memorial Golf Tournament held its 22nd annual event this week at the Iron Horse Golf Course in North Richland Hills,…