Inside America's For-Profit Bail System

if you fail to appear on a bail bond the bail insurance industry is going to find you and we are going to put you back we take what we do very seriously the bail bond industry is a very profitable industry bail isn't set based upon one's ability to pay they talk a five hundred thousand million allons-y who got that type of money what we're seeing is an enormous transfer of wealth of billions of dollars a year from the poorest people in our society to some of the richest people in our society the insurance companies that are underwriting the bail bond industry if there are two people who are arrested in a drug interaction and they come down to the police station and one of them has $300 and the other one doesn't it's unconstitutional to cage the person who doesn't have that money but to let the other person go just because she has money in her pocket there are no other nations except the Philippines allowing bail bondsmen they're not allowed anywhere else in the Western world [Music] [Applause] the man guy you don't worry call East Coast Bail Bonds 1% down easy payments of $25 a week East Coast bail bonds serves the entire Maryland reaching bail bonds how much money you guys working with that's fine I'll get her out and hung me a couple bucks i finance people's freedom you called us I'll say how much your bit say ten thousand okay how much money have well I I got money in the bank okay who's gonna sign for you the signers a person's gonna say that you're gonna appear in court first off when you bail out you have to come in here you have to do your paperwork we call you for your court date some people are high risk we make them check in every week because if you don't go to court it's a potential for us to lose all that money [Music] we catch a lot of people on Facebook you get a good-looking girl in that Facebook with every guy's plate women is brought down countries we were the first ones that come up with a payment plan this is your payments this is how many payments monthly this distance I got people paid ten bucks a week try and get her to give us a call and she doesn't have three accounts with us and then these girls here all they do is call and tell them that they owe us money I met people that did very well off of like 25 million a year I knew 25 million in two months sometimes in a truck now and this is nothing this is this is probably four thousand stretch everybody knows men he doesn't shirts then he does all the marketing stuff like that I sponsor everything my goal was to build a brand when you come to Maryland [Music] we love people that country to hurt a lot of guys just going to phone books and do that there are so many bail bonds we're down here but you brand yourself you got to go out and attack the business and get too big well I can't I have every single bill not that wrong everything you guys in a rich and says though I don't want all the one asked one of some of them like that's I want all the bills if I can't get all the bills I'll settle for what I can get but I always they said I won them all well north of Foley ask any police officer this is considered one of the most dangerous corners in the city of Boulder why not put off for something when the lights went down we came down getting our shirts I'm looking at that they're distributed he spoke bail bond t-shirt and I don't think that that could happen enough neighborhood to me I think it sends the wrong message I believe Baltimore that could have a negative connotation about it especially with high murder rate that we had but I guess long do you feel good at you're getting something free for nothing and you're not you're not the propaganda that they're putting out with these t-shirts or you're doing this is continuing to help to moralize your community if you have a baby you ain't got no job tell me what you gonna do you gonna sling drugs okay that boats come to your chest then the bell bottom I hear you come when you get caught all up [Music] [Applause] [Music] every four years there's elections and you have to go through this whole education process all over again with a lot of the committee's up until now we've been able to get our point of view across in an honest way so we've been able to stay in business in Maryland you got people that want to do away with the bail bond business that have no idea what the Bill of our businesses we bail people out yes we make money from it we put them back in jail if they don't go to jail study it show me somebody come tell me why they should do away with bail bondsmen Allen was in the house and a couple of his buddies came up and was like yo let's go downtown Lisette but knocked down it declared a state of emergency maybe see protesters there that night the news came on we seen him on top of the clay great he was like oh Lord I think I might need a lawyer so we left it on Miami you broke on whether they not gonna make nothing out of that my son took it on its own in terms of stuff that when he called me back the next day same I guess what I see what he said my bill $500,000 a half a million now I say boy stop lying what's your bail you see my I'm not lying I just dropped the phone and I started screaming my son wanna kill yourself that's how bad it is Ellen Bullock's case an individual caught on film destroying property was given a bail much higher than even the police officers that were charged with the death of Freddie gray the pretrial bailed industry is set up so that one has to put up security whether it's cash or whether it's going to a bondsman and hanging them a premium but when you have to pay bondsman 10% and you never get that money back and people are literally paying tens of thousands of dollars just to get their loved ones out of jail and there's no guarantee that those cases are even going to go to trial bail isn't set based upon one's ability to pay there are no standardization each judge determines bail on their own those with means get out and prepare for trial and those that are poor sit and they sit in cages they sit in decrepit conditions for the most part the average time is about seven or eight months in the state of Maryland will you sit prior to trial and that puts enormous pressure once the case comes up for trial for someone to plead guilty just to get out of jail most guys can't afford a bail they talk a 500 thousand million dollars why who got that type of money your life on the line but wait so you try your hardest to get out but the money ain't gonna get you out so you got to take the plea I mean even if you ain't guilty you're just trying to get out of it pretrial detention has a disparate effect on minorities on communities of color and the day of Freddie Gray's funeral over 400 folks were arrested 263 people are detained most of them without even charges being brought against them they were just swept up in neighborhoods and brought to the detention center neither bright we were sitting on an open phone with my cousin there police and all that coming through I thought I was going home I was going away to get my kids and my girl so they said no they arrested me steaming it back of the paddy wagon flipping out central booking I didn't know what I was charged with at first my bail was set to 250 thousand won all the police got locked up late for manslaughter was that bad the same as mine demise as a petty chart my girl was left with the two kids and she had a job and a lot of finance and stuff got messed up because she ain't nobody there to help her everything just went down here when I got a lot everything the thing that strikes me about Dominic's cases exemplifies the problems with the bail system it was given an exorbitant bail something that I'd see normally in a an extremely violent case usually a felony case his case ended up being dismissed by the state after he spent over a month in jail on a bail that he couldn't make we have 500,000 human beings in a cage on any given night in this country solely because they can't afford to make a payment take it out and we've so lost sense of how brutal a thing it is to do to a human being to cage them for a long time we were not in our society treating this issue as the emergency that it is and the key is to understand why and I think it's because when you do something so often I think it's human nature to become desensitized to it the Fourteenth Amendment prohibits treating people differently so if there are two people who are arrested let's say in a drug interaction and they come down to the police station and one of them has $300 and the other one doesn't it's unconstitutional to cage the person who doesn't have that money but to let the other person who go just because she has money in her pocket the fundamental principle in our legal system is you can't jail a poor person when in the same circumstances a rich person will be set free I decided to apply these Fourteenth Amendment arguments to our bail cases this year we've filed seven class-action lawsuits challenging the American system of money bail the first six cities have all agreed to get rid of the use of secured money bail for misdemeanor arrests ease one of the exciting things about this topic is that for so long things have been happening that are so illegal that now that attention is being paid to them and light is being shed on what's been going on in these courts in jails all around the country we're starting to see some change [Music] there are no other nations except the Philippines and the United States who have made such poor decisions about allowing bail bondsmen they're not allowed anywhere else in the Western world the pods when are legal in Washington but we don't have any plans been in and out of court I'm here in Washington DC of the people coming in through lockup a good eighty-five to ninety percent are going to appear in front of the judge they'll end up being unshackled handcuffs removed and walking out the door of the courthouse because money is not used here people are not remanded back to the jail in order to wait until a bail bond is you know posted on their behalf I'm cliff keen and I'm the director of the pretrial services agency for the District of Columbia we believe our system is more effective than the money bail system in fact today our jail is probably at 45% of its capacity because we're not seeing people being detained because they don't have the ability to put up money bail that's been imposed by a judge another jurisdictions the judge is not looking at the individual risk factors associated with the person they're only looking at the charge here our risk assessment provides a whole wealth of information about which conditions if any you know need to be applied they were processing anyone from a minor charge a simple assault all the way to murder and we are 24-hour operations so soon as their rest begins our work begins once he gets here from the police district we begin interviewing the defendant take that information along with his criminal history and we create what we call the bail report and that recommendation is the key I think here at pretrial we really firmly believe that we can effectively supervise people in the community without using money for the most part persons who are charged with low-level felonies and most misdemeanors unless they have a serious criminal record they are going to be released on some conditions all the way up to our high intensity supervision program which requires placement of a GPS bracelet on them where we can monitor a curfew or stay away conditions as ordered by the judge pretrial services provides to me a report and in that report the individuals ties to the community criminal history is included medical history is included mental health related history is included all of those things taken together make it a lot easier for me to decide what to do we have programs that allow for judges to place individuals into the community but with further conditions another release modem if you will my name is Eugene Isaac I'm from Washington DC I'm a defender returned citizen I end up down in drug court who was a felony without then tried to sell some gross to undercover police officer and support my habit I went in front of the judge and by my record I had them had a charge and almost 20-some years I got out on personal recognizance told my caseworker I said I just need a chance I need an opportunity you know and him for some reason she believed in me she was able to get me into detox at Providence Hospital in August the 7th of Oh 9 that was my last time I had a drink or a drug you know I knew it just was the end for me to turn my life around my daughter's really you know they they was really separate from me I wasn't really a father to them you know cuz I was so caught up into the drug thing but now we got we got an awesome relationship and to this day me and my daughters we made a pact that we have nothing that's going break us apart if it's something we have a problem with each other we don't have to go out and talk about loves I say alcohol and drugs we my kids will be in my life you know and I won't give that up for nothing anywhere just something I always wanted one obstacle is any kind of reform in the system is just inertia we have this irrational view that the way to lead to less crime is to cage people who we think committed those crimes there's no evidence to support it and yet it's the foundational premise of our criminal legal system [Music] it is an outrageous case of justice derailed how could it take three years for prosecutors in the Bronx DA's office to figure out they didn't have a case while a teenager sat in jail on Rikers you made a decision that you were going to fight this that's correct how did you come to that conclusion because I didn't feel comfortable saying I did it if I just cop out and say that I did it nothing's gonna be done about I didn't do it no justice is served nobody hears nothing at all I felt like I had to fight I had to fight [Music] cleve Browder case was a tragedy a lot of people have become aware of the problem now because of a high-profile case like that but the need for reform has been there for a long long time and in case where it's $1,000 or less of a bail only about 80% of people are able to make that bail my legislation would do away with bail entirely it would not even be an option in court anymore judges would have three new options they could propose a conditional release they could release someone on their own recognizance or in the most serious cases can remand them to jail and that would follow after recommendation from a pretrial services agency that would be established we're portrayed as these evil bail bondsman that make money and senators make money judges make money everybody has to feed their families I paid every single tax dollar my accountant tells me to pay I pay every single one of them you know I always say with our business with Empire it's like a state might be able to come in here they're not gonna find the gays e crap they're not gonna find corruption they're not gonna find all kinds of hullabaloo my name is Michele Eskenazi I'm the CEO at Empire bail bonds I'm also the CEO at Empire bonding and insurance Co which is our family-owned bail insurance company did you go to court today you look like you went to court today you are fabulous how's your case going the reason that I think that the government seeks to move to a system of pretrial release is because there's a financial motivation in it I mean they see that there's money on this side of the coin if you will why do we seem like we're not soil if the taxpayers in New York City could possibly have their choice I guarantee you they would choose parks and streets and helping the homeless rather than funding pretrial release services just relax man you know this ain't Rikers Island calm down well the argument that doing away with bail would be more expensive is completely facetious because yes the bail bondsman may not cost the taxpayers any money but keeping someone in jail cost the taxpayers a tremendous and money in New York alone is over a billion dollars a year the bail bondsmen are not getting paid by the government while they're out there making sure that someone shows up but that doesn't account for thousands and thousands of people that are in jail every day awaiting trial who shouldn't be one of the things that New York City really didn't put their heads together and think about is low-level offenders so you're releasing people on misdemeanors and violations and they not only failed to appear who's going to pick them up there is no answer this this gentleman here is the best bail enforcement agent period what I always say about him is if you're running from him you better keep running he will devote the rest of his god-given life to finding you the notion of money bail you know might have made sense several hundred years ago when someone could flee on horseback to a different jurisdiction and you needed to incentivize someone to go down and get them and bring them back and then reward them for it most people charged with crimes now in our legal system are impoverished people who've never left the geographic area in which they are alleged to have committed a crime this is not about making money or losing money this is about people losing their freedom losing their liberty and spending time in jail when they have not been convicted of a crime when that's happening something's dreadfully wrong and we need to change it no matter the cost we shouldn't be afraid to make reforms and to make things better because of an industry concern in this case we are a unique insurance policy because we are not insuring a vehicle we are ensuring human behavior so we're involved in that human behavior with the circle of love do you know who's sorry for you you know that these people that actually give a about you that sign for you $15,000 worth and does that even occur to you who didn't cut you you're full of oh don't lie to me cuz you're full of okay because you didn't come in here the next day and try to clear up your warrant like every other asshole you didn't come in here and try to clear up your warrant did you cuz you don't give a about your family isn't that right you I went to court I'm gonna make sure that judge doesn't set bail on your risky ass I hope you bend over put a soap when you get in there give him a shirt okay come on you're very good at that mrs. or doesn't change the court why did you get arrested because you're an upstanding citizen I'm worried that if we don't address these issues now in this moment where people are finally paying attention we'll never do it if somehow we lose that outrage and we go back to being society of indifference and inertia in these areas the policies of the last three or four decades that have wrought so much devastation and impoverished communities will be made a permanent feature of American society the bail bonding industry which I get very tired of talking about they aren't really the issue money is the issue if once you do away with money the bondsman go away money pervades the justice system of money pervades America you have all these people that are gonna be running rabbit warrants and then they're gonna say we need more government money ie taxpayer money to pay for to lock these people up when you didn't have to do it in the first place if somebody shows me that it's more economical and it's smarter then I guess I'll find something else then I'll make pizzas you know what I mean maybe I'll ride a dirt bike and become a wheel at 12 o'clock [Music] [Music] [Music]

Channel: VICE

Views: 3,520,843

Rating: 4.6498771 out of 5

Keywords: documentary, documentaries, interview, interviews, culture, wild, lifestyle, world, exclusive, independent, underground, videos, funny, funny videos, journalism, vice guide, vice presents, vice news, vbs.tv, vice.com, vice, vice magazine, vice mag, vice videos, bail bonds, Incarceration, RACISM, prison, baltimore, washington dc, NEW YORK CITY

Id: TGomdoO368g

Length: 24min 36sec (1476 seconds)

Published: Thu Jan 21 2016

Reddit Comments

[u/joshuaoha]

damn.... that doesn't seem right.

[u/redditswhiledriving]

Freakonomics Radio: The Economics of Bounty Hunting

http://freakonomics.com/2011/05/26/freakonomics-radio-the-economics-of-bounty-hunting/

Worth the listen.

[u/notevil22]

Jackie Brown was a fantastic and underrated film.

[u/[deleted]]

Last Week Tonight with John Oliver: Bail

[u/Relevance-No-Importa]

True story. A year ago I was assaulted by a cop for being in the wrong place at the wrong time(some dudes were arguing that they weren't allowed in because they were latino, While I was leaving said bar). I was then arrested, spent a night in Jail, and paid my bail bond. Keep in mind that I am a young engineer with a good career and am always looking for new job opportunities, have never had any previous records or anything of the sort. I had 4 witnesses who were there that saw the assault, but there was no video evidence. Regardless of that fact, my lawyer(a very good lawyer at that) told me we should just plead guilty. Why? Because by pleading guilty i would just do some probation time and then I would have everything taken off my record. If i was to take it to court and manage to prove my innocence (which when it came to my witnesses word vs the police would be a risk) the charges would be dropped, but it would all stay on my record and show up in background searches when applying for a new job. Now, probation. I have to pay so, many, payments. We're talking money for being in the probation system, money for your probation officer meet ups, money every six months for a compliance fee if i'm doing good, and of course money for all the court dates they deem necessary to set this up. Keep in mind it's blatantly obvious that I'm innocent, but even if i prove that I am, it would still show up in my background check, unless if i plead guilty. Wtf.

Tl;dr- Justice system is set in a way to screw you over if you go against it and charge you money in as many ways possible

[u/fortunecookiee]

Bail bonds agent here, and I'll tell you. There is a lot of money to be made in the industry, however can you really blame the companies themself? They saw the need for a service and provided it, isn't that the whole point of a business. The justice system needs to be changed.

[u/Bondsmanbynight]

As a practicing bondsman of 4 years I feel this is a good place to throw in my two cents. Each and every state is different so this is not a national issue as being portrayed. I would like to make a few points though: 1. In most states, there is no such thing as mandatory 10% of the bond to get out. The bondsman sets their own percentage of the premium you pay. If you don't like the quote you get, call another agency (Very similar to car insurance here). A 100,000 bond with our company is done daily for 3-5%, we don't even do 10% on 1000 bonds. Pick a company that treats your fairly and doesn't take advantage. 2. Most states and counties also set PR bonds (pers recog) which are set by the courts based on prior arrest and financial history. If you don't get a PR bond it's certainly not the bondsman a fault. Courts set PR bonds as they please to whomever they want. This is a problem. Felony cases should not be set out on their own to further endanger the community with only their names at risk. When a bond and cosigner is assigned, someone else has liability in the person on bond. When done correctly, a responsible friend or family member does a great job of helping these people make court dates. Criminals tend to already have a low regard to consequences for themselves and PR bonds have almost zero accountability. 3. Last is a very important issue most people don't realize. In the video the lady is testing urine from defendants of the court. With no bonds system it's up to the court to decide which hoops you jump through. If the courts decide you have to do urinary analysis every week for 6 months at $20 a time, that's already 480 dollars, and that's just for UA tests. Those ankle monitors they mention are $150 just to install in our county and have a monthly service and monitoring fee starting around $60. Add that up for 6 months, a year, however long plus the court fees? You are taking ALOT more than you would have had to pay a bondsman. Imagine you had to do these things for a year or two? Guess what? The company I work for does no UA testing, we do no monitoring and the only requirements we have are making court dates and updating new info as it comes with our office. The point here is you are going to pay $ to either the courts or a bondsman. It's just a matter of how much you want to pay and what freedoms you want. When you pay it to the courts or the legal system, you have ZERO say on your freedoms or your requirements to stay compliant. When you (or family) pay a bondsman, the defendant is required to read and sign the submitted bond including and conditions that may (or may not) come with the bond. Again, we don't make people pee in cups or wear monitors just for $. A good bondsman will help you out of jail for a REASONABLE premium percentage, assure you make your court dates and work with you to get new court dates if you miss. Moral of the story, do good business with good people and things tend to work out. We have been serving the state of Colorado for over 20 years. Sorry if this was a bit long but like many things the criminal justice system and its complexities have many layers and understandings. I would love to answer any other questions you may have. Have a great night everyone and stay safe!

Edit spelling :)

[u/SexyLoverBoy]

I spent 5 months in jail because I couldnt afford $20,000 in bail. My public defender would try to reduce it, but ONLY if I made a call to him once a month. Eventually it was reduced to nothing, personal recognizance, but at that point I couldnt trust my lawyer to do a good job so I plead out. 3 years probation for assault that I never committed. Now I am having trouble finding work with the charge on my record. I also have child support due, and without a job I am facing more time in jail. The system hates the poor.

[u/Bigcats30]

Land of the free