Friday, September 24, 2010

Ahhhh, yesss

Oh, the weather is cooling down...kind of. It was damn near 95 degrees today. The leaves are changing color...kind of. We haven't had a lot of rain, so they're really just turning brown and I predict will fall within the same few days. There's apple harvest showing up in local markets. I see pumpkins for sale on the side of 460...bought $8 worth today. I'll probably buy some more on the way back.

I really need these few days in the Outer Banks. We've been so stressed the last few weeks playing the waiting game and trying to get some projects done before winter sets in. And all I really want to do is lay in the hammock, read a book and drink a bottle of wine.
Sent from my Verizon Wireless BlackBerry

Friday, September 17, 2010

It's really just a tangible option.

People never fail to amaze me. In the last few months I have heard some doozies. I can't tell you how many people I've had to explain the basics of bail to, which isn't really a new thing. I didn't really know anything about bail bonds when I first got into this business, but I knew the basic concept.

A bail bond secures a person's appearance in court and allows them to aid in their own defense.

That concept was one of the first things I learned in high school government class. It's in the Constitution, so really it's taught in every American History class I ever took. Teachers never went into the finer points of bail, but it's not surprising considering the amount of history one has to learn in a year. And let's face it, bail bonds is associated with criminals and who wants to focus to much on criminal behavior in high school?

In the last few months, I've had to explain why I won't cut rate a bond. What is cut rating? Cut rating a bond is when a bondsman choosing to take less than the 10% normally charged to write the bond. Why don't I do it? Because it's a slippery slope. When you start cut rating, you start cutting your throat. Every time a bondsman takes a lesser rate, that bondsman has to write more bonds to make up the difference. The more bonds a bondsman has to write, the more desperate they become to make up that difference. When a bondsman becomes desperate to write a bond, they start making terrible underwriting decisions. And let's face it, a bail bond is a form of insurance.

A bail bond insures a person's appearance in court.

As every insurance agent will tell you, when underwriting a policy, risk must be taken into account. Well what is the risk of cut rating? On the surface, the "customer" is getting a great deal, no different than a discount at a department store. Well, there's a huge a difference. When purchasing a bail bond, you are purchasing a service that will directly affect your freedom. I can't count the bonds I've written for people who went with that cheaper bondsman, only to have the bondsman come back to collect money and put the defendant back in jail because they couldn't or wouldn't pay. Or because they need to free up their liability to write more cut rate bonds. Or because they are just high on a power trip. Whatever the reason, purchasing a cut rate bond buys you a cut rate bondsman.

I've also had to explain to a lot of people why they have to have a cosigner. Hrm, well let's see if this makes sense to you... There must be a cosigner, or indemnitor, on every bond because there has to be someone or something that secures the amount of the bond. Think of it like a loan. I am loaning someone the full amount of the bond so they may be free to go about their daily business and aid in their own defense. Let's keep in mind this person has not yet been convicted of their accused crime. Our Constitution hinges on the fact that people are free.

See Amendment 1- Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Our Constitution also gives us the rights of speedy trial and confrontation of witnesses.

See Amendment 6- In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.

The point of bail is to give a defendant a tangible reason for returning to court. Most of us would do exactly as the court asked, however, let's face it, there are criminals amongst us. And sometimes criminals need a real, tangible reason to return to court. Sometimes it's not so easy to look at a person and determine if they are a person of integrity. There are people out there who have been falsely accused, however there are just as many who will con their way into our homes to walk away with our trust.

How do weed through the con artists and the persons of integrity? Well, you hold them to their word and secure their appearance with a tangible bond. As a bondsman, I'm going to involve their family and their friends in this process because, after all, it is my money I am loaning out to people I don't really know. Sounds crazy? Well, home insurance is just as crazy. When you go to your insurance company, they are promising to secure your property in the face of natural disasters. Chances are, that tornado will never travel straight through your house, but if it does, doesn't it feel good to know that your home insurance will be there to make you whole again? That's exactly what a bondsman does for the court system. We insure the defendant will appear to face their charges and if they don't, we make the court whole by returning the defendant or paying the full bond amount. Obviously, we prefer to return the defendant.

Let's review the basics...
  1. A bond secures appearance.
  2. I'm not going to cut rate. In turn, I won't revoke your bond for something stupid.
  3. It is your Constitutional right to bail.
  4. This is insurance...insurance to appear in court.
  5. If you don't show, I will make the court whole again.
Simple, right? So why are there so many in our profession intent on making muddying the waters? Come'on people...keep it simple. Recognize the problem and fix it.