When you get arrested, bail is
set and seems to help only rich people. We have become so used to it. It sounds
like a simple system but it only benefits rich people. If you are charged with
a crime the court may ask for an amount of money as bond that will be returned
to you once you show up for your trial.
If you have the money it is no big deal but if you don’t have the money
as a possibly innocent person you can immediately be thrown in jail with
convicted criminals till your trial which could be months away.
For example, say you are arrested
for driving with a suspended license, yes a paperwork problem. The court set
bail at $1,000 and your choice is to pay it or wait for your trial in Riker’s
Island a maximum security prison. So you don’t have the money. You go to jail
even though you pose no threat to society. Let’s look at the now famous life of the rich millionaire
Robert Durst who has been accused of murder in Texas. He had a completely
different bail experience. He was told that bail was set at $250,000 because he
does pose a threat to society. Mr. Durst simply said, ”Good-bye
money and good bye jail.”
The problem with all this is that
the frequency and the cost of bail has risen dramatically and is disproportionately
hurting the poor. In 2013 an analysis of New Jersey’s jail population found
that 38% of the total population were being held solely due to the inability to
meet the terms of bail. This is crazy! Jail is supposed to be for dangerous
criminals not for poor people. What is a poor person’s choices? Many do sit in
jail till their trial but that poses even more consequences to their lives and
families. Poor people have low earning jobs where if you are absent, you are
fired. Poor people live in shelters or transitional housing so that if you are
not there for the night, your place is gone. So now the poor person with just a
suspended licence who doesn’t have $1,000 has now become jobless and homeless
while trying to stay alive in a maximum security prison for about 2 months.
If you are in jail for even just
a short while, it can destroy your life. The only other option if you are poor
is to plead GUILTY even if you are not. The option there is “plead GUILTY and
you are out wait to plead your innocence and you are in jail.” Poor people are regularly
choosing to plead GUILTY just to get out of the court house. Now they are
guilty of a crime that perhaps they did not commit. That follows your record
for the rest of your life now. Now on any new job application you have to check
off Yes to the question, “Have you ever been convicted to a crime?” Yes, now you have to admit that you are some
sort of criminal.
The final option is to hire those
crazy wild bail bondsmen. Now these guys promise to pay your bail to the court
and in exchange you pay them 10-15% of your bail amount. They will keep their
fee regardless of how your trial goes. So if your bail was set at
$5,000 dollars, you have to pay the bail bondsman $750 dollars for doing
absolutely nothing. If you don’t show up for your trial then the bail bondsmen
hire bounty hunters. The law allows these thugs to do whatever they want to
catch you including crossing state lines and breaking laws. There are 18 states
where in theory anyone can become a bail recovery agent regardless of education,
training or prior criminal record. Now there is the nut job bounty hunter
looking for you too.
The
answer to this mess is to stop watching bail hunting shows on TLC, The Learning Channel where you learn nothing but
get to see humans hunting humans. Often bounty hunters stalk and harm innocent
people that never had a bail problem. The answer is to revamp our bail system.
Set bail only if you can afford it. There is no reason why the courts can’t
give ankle monitors, or call people to remind them of their trial dates once
they have determined you are not a danger to society. We need a system of communication for pre-
trial situations.
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