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BAIL REFORMS: HOW DO WE UN-CREATE THE MISTAKES EQUALLY

Posted on Nov 16th, 2022 by mrnice 26 Views

Guilt or innocence in the current U.S. still follows the same Constitutional philosophy as was originally intended: an individual is innocent until proven guilty of the crime with which they are charged.  The burden of proof falls on the accusers and all are entitled to be heard by a judge and additionally in the U.S. the accused may be tried in civil or criminal cases by a jury of one’s peers.  The abundance of public press (20th Century technology) or social media (20th and 21st Century technology) can assist in stirring up the accusation and may rouse the public belief in a person’s guilt, but until that person is convicted of the crime by trial or admission, they are not guilty.  This technically applies to petty larceny as well as to more severe property crimes and to violent felony offenses. 

The law enforcement arm catches or arrests suspects in a crime that has an identity in the California Penal Code or Highway/Traffic Code book.  The legal system is responsible for the formal charges and formal results and making sure that rights of the public and the person accused are upheld.  The judicial system is responsible for assuring the accused individual hears what they are charged with, is assigned a court date, and has all the options for continuing to establish guilt or innocence.  This is a common practice in all democratic governments, and in the U.S. the presumption of innocence is derived from a consolidation of statements from the Constitution’s amendments (5, 6, and 14).  With all the focus on what these stipulations are, taking shots at reform of the U.S. Constitution would take a global disaster – a reapportionment of the world so to speak.

With those rules clarified, why are reforms for the bail system being considered in so many states?  Bail is not the reason why crime increases, bail does not release people who are serving time for a crime, the agreement for using bail or a bail bond means that someone accepts responsibility for the jail custody of a person who has been arrested for a particular charge.  That single acceptance of responsibility (by family proxy or another citizen) means that someone cares enough to believe that the person in custody can make good on their situation by either accepting the sentencing they receive or walking free by innocence.  They will step up to responsibility and accept society’s punishment if so given.  Bail and bail bonds are often the inspiration that can help someone turn a corner on lifestyle, because they now know someone was willing to help and they know how abysmal the jail process can be.  Most people who face incarceration, even briefly, do not take chances or challenge the laws with the same fervor that first got them arrested.

In colonial times, bail and-or “own recognizance” OR release permitted a person to maintain their family’s sustenance while waiting for trial as the judges were not available in every town to deal with charges; incarceration of a farmer could have consequences far exceeding the significant restitution if they remained incarcerated until a horseback-riding judge arrived to try him for a fight or theft.  Using that time and situation as an example, the whole area might be dependent upon the crop that the farmer produced let alone considering how his family might survive without him. 

In today’s world bail allows for the city or county to release persons in custody safely with the commitment of those persons (and the bail or bail bond provider) that they attend all their required court obligations with or without legal help.   This prevents the city and county from increasing the housing space for arrested persons in relation to the population or the laws added; it reduces the transport of arrested persons to overflow facilities (expense) in order to make room for new arrests during busy periods.  City and county facilities already face liability issues all the time in that they are responsible for medication, accidents, injury, and illness occurring while someone is in custody. 

Do you have a friend or family member in jail right now?  Call Mr. Nice Guy Bail Bonds for a great low-cost bail bond that can get them out.  Just know that you can get a bail bond for as low as 1% of the amount of bail if this is for a California resident’s first offense[1].  Agents are available 24x7 for explaining the fantastic solution to freedom of someone anywhere in California.  The bail bond agent can locate them in the incarceration system and assist you in processing the bond at the most competitive rate available.  Take advantage of this service where every cent of the agreement is explained (without any hidden fees) while the bail system still hasn’t been reformed away. 

Bail does not allow any convicted persons to leave jail or prison.  Only a Parole board can authorize exiting from a prison in less time than sentenced.  And the parole officers and probation conditions apply to those individuals who are released.  A person convicted and serving a short sentence (under three months to a year) in a jail is doing so by special agreement or they were unable to get bail for their charges, were charged, and await trial while in jail.  Those with an agreement are in “pay-to-stay” time servers with special locations; and those who have remained in the jail system may receive “time served” sentencing while waiting upon their final appearance in court for the crime.

Bail is set for people in custody for a charge that has yet to be proven or explained by a court official.  They may be in jail for existing warrant meaning they did not follow through with previous court agreements.  As a rule, the bail is an amount based on the charge, the sequence of the charge in the person’s history (1st offence, 2nd offence, etc.).  Bail can only be assigned above that amount by a judge and they may only assign amounts suited to the charge.  In a few notorious cases, where the person had enough resources to be a flight risk from facing trial, huge bail amounts ($3 Billion, or $250 Million) have been assigned.  If a person does not appear for their hearing of charges at scheduled times, they are issued an FTA warrant (Failure to Appear) and bail is forfeited completely. 

On the side of the person in custody, representatives of the court are obligated to present charges in a reasonable time hours from arrest or release the person.  If a person has not been charged after 72 hours, they will be released but they may still face charges and will be notified by mail.

Bail or a bail-bond provides for provisional freedom while waiting for arraignment and everyone enforces the attendance of that individual to their obligations because the investment is forfeit if they don’t.  Bail and bail-bond balance amounts are returned with the satisfactory completion of those legal obligations (regardless of outcome).  A bail bond is priced at a percentage of the bail amount and Mr. Nice Guy Bail Bonds offers the lowest bond options available in California and reasonable one-time fees that won’t be added with each year that the account maintains a balance (remember as of this writing there’s only 6 weeks until 2023).

Conditions of the Existing Custody System

The most obvious places for jails are in those large cities or in a centralized location between a few smaller, with space.  The total number of custody sites in California is 114, in 58 counties.  The most crowded is Los Angeles California’s “twin towers” facility, which can become so crowded that people in custody must sleep on the main floor.  Overcrowding and mixed custody types (mental illness and criminal suspects) need to be separated, but that can only be done with appropriate observation personnel.  The large facilities are often the point of civil liberties conflict due to overcrowding and “cruel” conditions affecting some custody parties.  Add the drama and excesses of the holiday weekends and most locations will see overcrowding unless people have stopped drinking or using substances and driving outright.

Some city jails go unoccupied enough to provide a “pay to stay” program for people wanting to serve their sentence in more private surroundings.  Example for “pay to stay” options are the cell housing in Beverly Hills and Seal Beach, where paying $100 per night (less than a hotel, but a smaller room) is not uncommon.  Celebrities or other individuals with resources who plead guilty on charges of substance abuse, possession, or DUI can serve their sentence terms in days until the full penalty has been reached.

Who Is Responsible for Jails?

For large cities like Los Angeles and San Francisco or county districts like Orange County or Kern County, the reigning law enforcement agency (LAPD, SDPD, OCSD) staffs and is responsible for maintaining the jail facilities where persons are in custody and some are serving sentences of less than one year.  The California Department of Corrections and Rehabilitation CDCR is responsible for prisons where releases are granted by parole board at review intervals, or pardon, or time served.

County sheriffs are responsible for county facilities, and likewise staff most of the positions regarding intake processing and management.  In some facilities, contractors provide the secured services like food services, cleanup, and data entry.  All of the facilities are powered by the residents of the state through their tax dollars and some Federal dollars which are often generated in exchange for maintaining Federal penitentiaries and Military facilities on State property.

Juveniles (under 18) in custody for alleged charges fall under control of the California Division of Juvenile Justice.  If the alleged or charged individual is under 18 at the time of the offense, they can be held for a maximum of 15 days.   Formal probation procedures exist to permit the minor to exit to the custody of a responsible adult or guardian.  A juvenile of 14 years or more is subject to the possibility of being tried as an adult in a felony offense.

Mr. Nice Guy Bail Bonds agents are reaching out to everyone trying to help someone who doesn’t deserve to spend the time between arrest and arraignment in custody and has a job and a life to get in order.  You want to help your loved one or your friend get out and sort things out so that they plead accordingly.  Do you know someone like that and want to help them out?  Call Mr. Nice Guy for the lowest price negotiable for a bail bond and easy to understand terms and contracts.

What Else In The Justice And Punishment System Might Need Reform?

In today’s world you hear the complaints that crime is everywhere and the laws need to be tougher or there is a need for more police.  Look at what laws are subject to being added to the state or city’s list of punishable crimes and ask how they will be enforced.  Possible changes could be expediting the court process or general evidence processing.  Every DUI, every drug arrest, and every person arrested is still presumed innocent.  Proof is in the blood test or Breath Analysis data collected for each person who has been taken into custody.  The samples taken for test require a documented chain of custody as well in order to enforce the charges at a hearing.  Suspects are often hostile and resist submission of a blood test, and there should be a more precise and safely automated process (like a mouth swab) developed to do the same thing.  Technology is probably examining options now to move forward and make this faster and less invasive.

Consider a paroled convict who has passed the time and behavior reviews of the Parole board under California Department of Corrections and Rehabilitation.  This person has served the sentence in a manner that says he may re-enter society and be on probation for a period of time.   If the person commits the crime again, they are subject to second or third strike rules and the next sentencing (if found guilty) will be considerably longer.  Remember that they also may not be in possession of a firearm, found under the influence, or identified as a co-conspirator in any law-breaking effort and there may be special rules according to their specific crime.  In these releases there is a parole officer assigned to monitor the individual until completion of their probation term.

In convictions of violent crimes such as rape, armed robbery, home break-in burglary, kidnapping, arson the convicted person must have completed 85% of their sentences to be considered for parole.  In the cases of murder, the convicted person’s sentence may carry a stipulation on the sentence such as “ineligible for parole.” 

For possession of narcotics, the confiscated items during an arrest need to be checked for illegal substances and that requires a lab test.    Evidence of a crime in the form of witnesses, victims, and general evidence found needs to be recorded.  California reserves the right to file charges upon anyone processed in custody AFTER if you are released after 72 hours without arraignment.  So that means there are those extremely busy times that the system cannot process all the arrests within 72 hours.

Also, if any particular piece of evidence or statement or police body-cam or positive BAC test or substance test is missing in the final report, the district attorney’s office may drop the charges because the case may not be won.  If charges are pursued by the court and you enter the plea of “not guilty,” it can be 30-45 days (non-weekend, non-holiday) before non-felony charge gets to trial (note that you are still innocent at that point) around 7-9 weeks.   It will take up to 60 days (non-weekend, non-holiday) for a felony case to go to trial and that translates to 12 weeks.

Mr. Nice Guy Bail Bonds agents are available to everyone trying to help someone who doesn’t deserve to spend the time in custody.  That person may be your nephew, your grand-daughter, your step-son, your non-binary sister, your gay brother, or your best friend.  These people have jobs and lives to quickly get in order so that they plead accordingly.  Do you know someone like that and want to help them out?  Call Mr. Nice Guy for the lowest price negotiable for a bail bond and easy to understand terms and contracts – (844) 400-2245.   Check YouTube or the Mr. Nice Guy Bail Bonds website for details on 1% Bail Bonds in California.

What Can Set Up Positive Intervention?

Sometimes an incident involving the police and a person taken into custody is what is needed for bringing parties together for an intervention.  Family and friends have seen the pre-cursor signs of trouble in a person’s attitude or behavior (over-indulgence, ignoring responsibility, constant anxiousness).   This is truly dealing with curtailing possible future illegal behavior.  If that person reaches out from jail, that is an opportunity to take united steps toward change.  They may in fact be guilty, but they are still entitled to rights to plead their own guilt or innocence in front of a judge or acting court authority. 

Persons in custody for DWI or DUI may be released on bail or bail-bond.  However, the time of their release is dictated by their physical state, in order to maintain general safety of the community.   A person in jail for DUI cannot be released on bail or bail bond until they have reached breath test Blood Alcohol content below the legal limit.  A person in jail for threatening others or general irrational behavior must be evaluated before be recommended for charges.   All substance and mental health related arrests are measurable by observation and the person in custody is required to stay until specific evidence of clarity is established.  There is no better time for concerned friends and family to plan for an intervention in the behavior path chosen by the arrested party.

For the record, it can take several tries to correct a pattern of behavior until the person subjected to the change finally makes the change.  California has made changes to their classification of persons as “habitual offenders” and enacted “no refusal” programs for tests required.  The look-back period on a person’s record for DUI is 10 years, and Felony DUI is automatic charge on the fourth arrest, regardless of it being detected at a checkpoint or non-injury traffic incident.

Social Judgement Over Arrest

There is a social stigma assigned to a person who has been arrested; they used poor judgement, behaved badly, knew better, or were just in the wrong place at the wrong time.  Remember that an individual in custody at this stage of the process hasn’t seen a judge, hasn’t had time to factor all the problems they may have.  Concerned friends and family should be the first to extend a hand to the individual, and maybe let them see that neglect or not emphasizing their importance brought them to this precipice.  In the eyes of the public, they still aren’t guilty of anything (although it may be the case).  Remind yourself that the gift of freedom in the form of bail or bail-bond means that you still value your relationship with that party.  If it is substance abuse related or patterned problem, its best to help under the condition of an intervention.  Your concern has a price and that is their cooperation with an effort to clean up their act. 

If the individual in custody does not know the full extent of their charges (as it’s sometimes hard to remember) call Mr. Nice Guy Bail Bonds (844) 400-2245.  You can confirm their charges, where they are being held, and make a plan with the agent to save you from a large cash outlay when there are so many other expenses that might be needed.  There may be a vehicle that needs to be retrieved from a tow yard or fixed, a lawyer to retain, and more as the story comes into focus.  Bail-bonds typically are a percentage of the full bail amount.  Mr. Nice Guy Bail Bonds offers a special rate of 1% ($100 for every $10,000) for first-time offenders who are residents of California arrested in California.[2]

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Are you really helping out your _fill in the blank_  who is in custody?  Don’t sacrifice having the cash available for other help that your friend or family member is going to need, consider the bail-bond option even at an amount of 5 to 10%.  Mr. Nice Guy Bail Bond agents will post a bail bond for as low as 1% of the full bail amount if the proper conditions exist.  Call any hour of the day or night (844) 400-2245 to explain the fantastic solution to freedom of someone anywhere in California.  You might even have enough money available for a little Black Friday shopping.

The mid-term elections are over, so it’s time to bring your opinions on reforms to the system of apprehension, charges, crimes, and convictions in California to your new State representatives. 

[1] Special conditions apply to this rate of bail bond.

[2] Mr. Nice Guy Bail Bond agents are prepared to explain requirements if you want to use this option.

 

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