Friday, September 30, 2016

Bail Bonds Reform: Illinois Judge Writes a Thorough and Thoughtful Analysis of Movement



For some time, the Pretrial Justice Institute has spent hundreds of thousands, if not millions, of taxpayer dollars and grants trying to discredit and eliminate the commercial bail industry. Their strategy has been pretty simple. 
Travel the country and educate judges and legislators on the evils of commercial bail. As part of this education process they cite Supreme Court decisions, research findings, and public opinion as all supporting their position. Unfortunately, what they are saying isn’t lining up with what they are selling…and someone on the bench finally stood up and took notice. Recently, a Chief Justice out of Illinois, decided to question PJI’s canned propaganda and do some research of his own. The results…one of the most well thought out arguments against the Bail Reform Movement I have ever read. Not only does he call out their baseless claims and statistics but also questions their true motivations. Check out the two links below.  The first is a notice from the American Bail Coalition regarding the statement and the second link is to read the full statement from the Judge. Trust me when I say it will be worth it.

ABC’s letter on the Judge’s statement is here
The Judge’s statement is here 



Thursday, September 29, 2016

BAIL BONDS 3% DOWN

Client Question: "My son was arrested earlier today and his bail was set at $100,000.  I don’t have a lot of money to work with for a down payment and I saw some ads for 3% bail bonds. I was wondering how that works and whether I’d be eligible."

Three percent down bail bonds are rare, but you may be able to qualify under certain circumstances.  In most cases, the bondsman will require a cosigner that owns real property (such as a house or a condo) who is also willing to let the Mississippi bail bonds company put a lien against that property until the defendant’s case is over and the bail bonds balance is paid off.  There may be some bail bonds company owners that are willing to work with clients who are looking for a very low down payment with a very aggressive payment plan on the balance, if the cosigners have very strong credit scores (this would mean the signer, or signers, have a FICO score that is between 700-800,) but these companies are very few and far between.
  
Call BAIL ONE for further information - (228-832-5506

Tuesday, September 27, 2016

Immigration Bonds Explained - Bail One

The Bond Process
The immigration bond process begins with the arrest of an illegal alien by the Department of Homeland Security Immigrations Customs Enforcement, that person is then taken to a federal law enforcement station for processing and booking.
Next, the immigration bond amount is set by an immigration judge or via custody determination after an interview with the alien by a Deportation Officer. The amount of an immigration bond is determined by the Department of Homeland Security—there is no standard amount. An outside party (Indemnitor) must pay—also referred to as post or "put up"—the immigration bond. If the outside party cannot pay the full amount of the bond, they must make arrangements with an immigration bonding company.
This is where BAIL ONE Immigration Bonds & Insurance Services, Inc. helps you get the immigration bond posted in order to get the person out of jail.
An immigration bail bond, technically a "surety bond", is a three-party contract between the Homeland Security, the Obligor (Surety) and co-obligor (Agent), and the Principal (also called defendant, respondant or alien). It is the Surety/ Agent who guarantees to Homeland Security that the alien--when released on bond--will be present for each and every Notice to Appear (NTA) in the future. In turn, the Indemnitor (or co-signer) guarantees to the Bondsman that he/she will make sure that the alien appears when required. For this service, the Indemnitor is charged a bond fee or premium. BAIL ONE Immigration Bonds & Insurance Services, Inc. charges a one-time percentage of the full bond amount, with no annual premium percentage fees thereafter. Some companies charge an annual premium percentage of the set bond with a two-year minimum, which will result in a higher cost in the long run. The co-signer of the contract (usually a family member or friend of the detainee) guarantees to pay the full amount of the bond if the alien fails to make scheduled appearances.
To arrange a bond, collateral is needed, such as equity in a home. BAIL ONE is an expert in using creative forms of collateral, including using credit cards. Call BAIL ONE Immigration Bonds & Insurance Services, Inc. now at 1-228-832-5506 for a complete explanation of

Friday, September 16, 2016

BAIL BONDS, GRAND JURY and INDICTMENT


Grand jury is the last stage in a criminal investigation. As with all criminal investigations, grand jury proceedings are secret. Grand jurors and petit (trial) jurors are selected from the rolls of registered voters in the county and judicial district where they live. Grand jurors are chosen at random from this jury pool. Twenty grand jurors are impaneled. A minimum of fifteen grand jurors is required to meet and hear the criminal cases. However, only twelve grand jury votes are required to indict a criminal charge.
Once empaneled, the circuit judge will appoint a grand jury foreman. Grand jurors and witnesses must take an oath to keep deliberations secret. Typically a grand jury panel sits for six months, meeting as often as necessary to consider criminal prosecutions and other matters required by law..


A Mississippi grand jury is authorized and empowered by the Mississippi Constitution and law to investigate crimes to decide if whether a crime has been committed and whether the defendant can be identified as the perpetrator of that crime. In order to discharge its investigative duties, the grand jury has broad subpoena powers to compel the attendance and testimony of witnesses and production of documents and evidence.
The grand jury’s broad investigative powers extend to on site inspection of the county jail, youth detention, and sixteenth section land. The grand jury can also hear from the circuit clerk, chancery clerk, tax collector, forestry commission, and board of supervisors and make recommendations in their final report.
Persons testifying before the grand jury are entitled to immunity from prosecution for the crime being investigated. Of course, every witness has a fifth amendment U.S. constitutional right not to incriminate himself and the grand jury cannot compel a witness to do so. If the target or subject of a grand jury investigation wishes to testify, that person can voluntarily waive state law grand jury immunity and U.S. constitutional fifth amendment privilege. Anyone testifying before the grand jury is entitled to seek legal advice. However, the subject’s lawyer is not permitted to appear before the grand jury and must wait outside.

The only persons authorized to appear before the grand jury are the prosecuting attorney presenting the case and any witnesses, such as police investigators or victims. Prosecutors authorized to present matters to the grand jury are the District Attorney and assistants, Attorney General and assistants and the county prosecuting attorney. However, when the grand jury votes to indict or to no true bill a case, only the grand jurors themselves are present. Even prosecutors are excluded during the grand jury vote. Unlike federal grand juries, Mississippi grand juries generally do not have a court reporter to record and transcribe witness testimony. Mississippi grand juries are authorized to send target letters to subjects being investigated. Anyone receiving a target letter from a federal or Mississippi grand jury should immediately consult an attorney for representation. And have a bail agent like Sid Davis of Bail One National Bonding on standby.

When hearing criminal charges, a Mississippi grand jury is authorized to resolve the charge one of three ways. A “True Bill” is a finding of probable cause that the defendant committed the crime. The resulting accusation is called an “Indictment” and identifies the defendant, a concise statement of the facts sufficient to notify the defendant of the elements of the crime charged, jurisdiction of the court, the date of the offense and signature of the grand jury foreman and District Attorney. Depending on the nature of the crime, an exact date may not be required. As long as the defendant is on notice of the charge and its elements, the indictment is sufficient. In practice, most indictments today list the Mississippi code section charged but this is not required by law. The grand jury is authorized to indict felony crimes as well as misdemeanors. However, the overwhelming majority of indictments are for felonies only. If misdemeanor charges are indicted, they usually pertain to the felony charge subject of the indictment.

A “No True Bill” is a grand jury finding that probable cause does not exist. This means the investigation is concluded and the charge is dismissed. Finally, the grand jury is also authorized to charge a misdemeanor even if it is not a lesser included offense. In this case, the grand jury sends the charge back to the court it originated from, usually justice court or municipal court. By investigating and hearing criminal charges, the grand jury also protects the public from unwarranted prosecution. Even if the grand jury issues a No True Bill (dismissal) the arrest remains of record. The arrest and charge can be expunged from government records upon proper application to the court.

The defendant has the right to waive grand jury presentation and indictment after advice of counsel. Frequently, waiver of indictment follows plea negotiations with the prosecutor resulting in a more favorable or reduced charge. The defendant can agree to prosecution by a Bill of Information and Waiver of Indictment.
Other special considerations for the grand jury are multiple counts and multiple defendants charged in a single indictment. The defendant can file a motion to sever counts and co-defendants in order to provide the jury with a clear and unbiased view of the facts. Severance of counts and co-defendants is granted in order to fairly determine the defendant’s guilt or innocence.

Upon proper motion by the prosecution, indictments may be amended for form but not substance. Under some circumstances, an indictment can be amended to conform to the proof. Amendments to the indictment that affect sentencing have been held by the Mississippi Supreme Court to be formal (a matter of form) and not substantial (a matter of substance). This means that the prosecutor can file a motion in court before plea or trial to charge the defendant as habitual offender. Habitual offender status means that the defendant has been convicted of two prior felonies and sentenced to a year to serve on each, even if the defendant got probation. An habitual offender can be sentenced to the maximum time to be served day for day without parole or early release. A life habitual offender means the defendant has two prior felony convictions, that he served at least a year in prison on each conviction, and one conviction was for a crime of violence. A life habitual sentence means life without parole. Habitual offender sentences, like all sentences, must not be cruel or unusual. The sentencing court has authority to reduce the sentence below the maximum to avoid cruel, unusual or disproportionate punishment. However, all habitual offender sentences will be served day for day without parole or early release.

Sentencing enhancement for possession or sale of drugs near a church, school or playground enhances or doubles the penalty for a drug conviction. If the defendant has a prior drug conviction, the penalty can also be enhanced or doubled. The grand jury is authorized to include the sentencing enhancement in the indictment. Alternatively, the District Attorney, on written motion, can ask the court to amend the indictment to include sentencing enhancement.

Mississippi has a trigger lock law which adds a sentencing enhancement for possession of a firearm during a drug crime. The Mississippi trigger lock law increases the penalty for a drug conviction where the defendant possessed a firearm at the time of the offense or the arrest. Like other sentencing enhancements, the grand jury is authorized to include the enhancement in the indictment. Alternatively, the District Attorney can move the court to amend the indictment for the enhanced penalty.

Wednesday, September 7, 2016

BAIL BONDS AGENTS TO RECEIVE FIRE ARMS TRAINING



Beginning October 27th, Mississippi Bail Bond Agents will receive fire arms training as part of their continuing education and pre licensing classes..


Training will include; Understanding How a Firearm Works, Safety and Weapon Care, transporting a Firearm, Firearms Control, Weapon Handling and when to use a Firearm. These things are not currently being taught in Mississippi.

Additionally, there will be instruction on Detention and Handcuffing Techniques, the apprehension and surrender process.
BASIC SURETY RECOVERY
This course addresses the recent changes in Mississippi law concerning fugitive recovery and discusses techniques and principles of skip tracing, interviews, arrest and transportation of the fugitive. Issues concerning the safety of both the agent and the fugitive, minimum basic equipment, optional equipment pros and cons will be addressed. This class is an 8 hour class and satisfies the requirements for the Department of Insurance bail bond and surety recovery agent continuing education.

FIREARMS SAFETY AND CONCEALED CARRY
This course is designed to acquaint the student with the basics of handgun safety during all phases of loading, carrying, shooting, cleaning and storing the firearm. Laws concerning concealed carry, lawful use and liability will be addressed. To successfully complete the class student will be required to demonstrate these techniques at the firing range. This class is an 8 hour class and satisfies the requirements for the Department of Insurance bail bond and surety recovery agent continuing education and the State of Mississippi requirements for licensing to carry concealed firearms. 

FOR  INFORMATION ON THIS CALL 228-832-5506 OR 228-832-4427...