Denver criminal defense lawyer / bail bondsmen are not chumps

I have pretty strong reservations about the role of bail bondsmen in the American legal system. My problem comes down to them being the only part of the law enforcement system that operates for a profit. Sure, defense lawyers make a profit, but we're fighting against the state. The bail bondsmen are there to ensure that the defendant comes to court, and they get paid for it even if the client is innocent, at the client's expense, not the state's. I've voiced these concerns about bail bondsmen before.

Still, I recognize that bail bondsmen will be a fact of life for Denver criminal defense lawyers and their clients for the foreseeable future, seeing as the surety system is in place in 47 states. Not everybody can make bail in Colorado or other states, and giving up 10% is better than staying in jail. So the current system is something we as Denver criminal defense lawyers have to deal with an understand.

In that vein, there is an interesting special in the New York Times interactive section (warning, it's a video/slideshow), about bail bondsmen. Basically the piece shows they have the most interesting job in the world, dabbling in about a million different fields that most Americans would think you need a lifetime of training to figure out.

First, as an insurance man, a bail bondsman must evaluate the risk of flight for every client. Then, to ensure he gets paid, the bail bondsman has to evaluate the value of collateral the client puts up to ensure his appearance. Then, a bail bondsman also acts as a bounty hunter for those who don't show up to court. All this stuff happens in a wild-west atmosphere with hardly any government regulation, so the guy is on his own. The lesson I took away from the piece as a Denver criminal defense lawyer was that you don't want to mess with bail bondsmen. They are incredibly resourceful, smart, and basically have freedom of the country to do whatever it takes to get defendants into court.

Colorado criminal attorney/What is bail?

Essentially, bail is a deposit on your own person. After a person is arrested, he appears at a hearing with his Colorado criminal attorney where the judge sets bail. The judge takes a number of factors into account in setting bail. The first is the severity of the crime, and whether the defendant represents a flight risk. If the defendant is unlikely to show up at court, due either to a history of moving around or the severity of the crime, the bail will be higher. For very serious or more violent crimes, the judge may also consider whether the defendant presents a danger to society during the bail period. For more minor offenses like DUIs in Colorado, bail is typically around $1,000. Remember, this is a deposit, and refundable on appearance in court.

For small amounts of bail it is typically possible to simply front the money out of your checking account. However, in situations where bail is higher, a defendant may not be able to afford it. This is where the bail bondsman can help. In states like Colorado, where bail bondsmen are authorized, the defendant pays the bondsman 10% of the fee up-front. This is non-refundable, and the bondsman keeps it for providing the service. The defendant will also usually provide some collateral to ensure the bondsman gets his money back either way. The defendant signs a contract, and thereby essentially becomes property of the bond agency. To get the money back, the bond agency needs to make sure the defendant appears in court. That means they can break down doors, bribe people for information, and ultimately essentially kidnap the defendant to get him to the courthouse steps. All things considered, it's probably better just to go without being forced. That's not even to mention the bondsman is going to get paid anyway, either by repossessing collateral or shaking down a relative. So if you can, front the money so you don't lose the 10%. Otherwise, make sure to show up for court.