Sunday, August 30, 2009
Corruption in Jerusalem
Jerusalem August 30: Israeli authorities indicted former Prime Minister Ehud Olmert on corruption charges Sunday, the first criminal indictment ever filed against or past Israeli prime minister.The information I am posting comes from the Web or Hassett and Associates P.A. If you would like to learn more about us go to www.criminaldefense.cc.
* The South Broward Bar Association Luncheon is September 3, 2009. RSVP as soon as possible. Thank you!
Saturday, August 29, 2009
Lawyer: Iraqi shoe thrower to be released early
BAGHDAD -An Iraqi journalist jailed after hurling his shoes at former President George W. Bush will be released next month after his sentence was reduced for good behavior, his lawyer said Saturday.
Muntadhar al-Zeidi's act during Bush's last visit to Iraq as president turned the 30-year-old reporter into a folk hero across the Arab world amid anger over the 2003 invasion.
He has been in custody since the Dec. 14 outburst, which occurred as Bush was holding a joint news conference with Prime Minister Nouri al-Maliki. He was initially sentenced to three years after pleading not guilty to assaulting a foreign leader, then the court reduced it to one year because the journalist had no prior criminal history. The information I am posting comes from the Web or Hassett and Associates P.A. If you would like to learn more about us go to www.criminaldefense.cc. Criminal Defense Attorney Ken Hassett has over 17 years of experience in his field. If you need a criminal defense attorney call him at 954-791-3939.
Thursday, August 27, 2009
Torch Extinguished: Ted Kennedy Dies; SBBA
Reminder: The next South Broward Bar Association luncheon is only a week away. It will be held on Sept. 3, 2009 at the Ark restaurant (ballroom). The luncheon will start at 12:00. Please RSVP as soon as you are able. Judge Jane Fishman will be the guest speaker for the event. The President of The South Broward Bar Association is Criminal Defense Attorney, Ken Hassett. If you have any questions please feel free to call him at 954-791-3939. Also, the SBBA website has been updated and a new event has been posted, we look forward to seeing you there. The website is http://www.southbrowardbar.org Mr. Kennedy, the "liberal lion" of the Senate, died Tuesday night at his Massachusetts home. He was 77. "We've lost the irreplaceable center of our family and joyous light in our lives, but the inspiration of his faith, optimism, and perseverance will live on in our hearts forever," his family said. He will be buried Saturday at Arlington National Cemetery, near his slain brothers. The information I am posting comes from the Web or Hassett and Associates P.A. If you would like to learn more about us go to www.criminaldefense.cc.
Friday, August 14, 2009
Sotomayor Is Sworn As Supreme Court Justice
Washington- Sonia Sotomayor became the Supreme Court's newest justice Saturday, pledging during a brief ceremony at the high court to defend the Constitution and administer impartial justice. Justice Sotomayor, 55 years old, is the first Hispanic justice and the third woman to serve on the court in its 220 year history. Ms. Sotomayor pledged to "do equal right to the poor and to the rich." The Wall Street Journal; WSJ.com. If you need a criminal defense attorney call Ken Hassett at 954-791-3939. Thank You! The information I am posting comes from the Web or Hassett and Associates P.A. If you would like to learn more about us go to www.criminaldefense.cc.
Wednesday, August 12, 2009
U.S. and Europe Jointly Establish Cyber-Crime Force
To read more click here: Article
By JENNIFER CLARK
ROME -- The U.S. Secret Service plans to unveil Tuesday plans for a pan-European task force charged with preventing identity theft, computer hacking and other computer-based crime.
The unit will be based in Rome, teaming up with an Italian anti-cyber-crime police unit and the Italian post office Poste Italiane SpA, which has developed software that can track electronic payments as it moves beyond traditional mail delivery.
The European Electronic Crime Task Force's main job will group together the cyber-crime efforts of the European Union nations and the U.S., bolstering defenses against computer attacks on embassies and other government sites that host sensitive computer systems such as air-traffic control. It will also monitor computer networks for threats, as well as deal with attacks once they happen.Write to Jennifer Clark at jennifer.clark@dowjones.com.
*If you are ever accused of a crime, call criminal defense attorney Ken Hassett at 954-791-3939.
The information I am posting comes from the Web or Hassett and Associates P.A. If you would like to learn more about us go to www.criminaldefense.cc.
Thursday, August 6, 2009
The South Broward Bar Association Luncheon
Hello!
Today was the monthly SBBA Luncheon! Judge Ilona Holmes was the guest speaker and educated us on the 4th Amendment automobile searches. Everyone enjoyed listening to her interesting speech. It is still not too late to join this up and coming organization. Members pay $20 and non-members pay $30. If you decide to become a member now, then it will last for the 16 months so hurry before the offer ends. The members loved their brand new name tags and we look forward to having our non-members join so they can receive one too. Our next luncheon is September 3, 2009. For more updates go to our website www.southbrowardbar.org. The President Ken Hassett looks forward to seeing you there. Thank you and we hope you have a nice upcoming weekend! The information I am posting comes from the Web or Hassett and Associates P.A. If you would like to learn more about us go to www.criminaldefense.cc.
Miami Crime Statistics
Miami Crime Statistics
Year: 2005---2006
Population: N/A---388,295
Violent Crime: 2,961---6,134
Murder: 30---54
Rape: 43---62
Robbery: 1,019---2,019
Assault: 1,869---3,999
Property Crime: 10,568---23,321
Burglary: 2,373---5,377
Theft: 6,209---13,930
Car Theft: 1,986---4,014
Arson: 52---143
By: www.miamiherald.com
The information I am posting comes from the Web or Hassett and Associates P.A. If you would like to learn more about us go to www.criminaldefense.cc.
Wednesday, August 5, 2009
Florida House Ethics Probe
Florida Legislature's probe of Ray Sansom will proceed slowly
Sansom seeks delay in Fla. House ethics probe
The lawyer for former Florida House Speaker Ray Sansom denied on Friday all ethics accusations that a special investigator has made against his client.
Richard Coates also requested that a special House committee tasked with looking into the matter delay taking action until Sansom's criminal charges are resolved, according to a letter sent to panel chairman Rep. Bill Galvano, R-Bradenton.
Sansom, R-Destin, is facing trial later this year on charges of official misconduct and perjury. He is accused of funneling millions to a state college that gave him a $110,000 job and lying to a grand jury.
Sansom wants panel to delay probe till after criminal trial
Sansom wants panel to delay probe till after criminal trial
Ousted House Speaker Ray Sansom insists he did not misuse his position when he funneled tens of millions to a state college that later hired him, but he wants a legislative panel to delay its investigation until after his criminal trial.
"Rep. Sansom denies all of the probable cause allegations'' outlined in a report by an investigator hired by the House, reads a letter delivered Friday to Rep. Bill Galvano, the Bradenton Republican who will oversee the tribunal.
The Destin Republican is scheduled to go to trial as early as Sept. 29 on felony charges stemming from a $6 million airport project he secured for Northwest Florida State College. A grand jury -- and the House investigator -- concluded that Sansom's friend Jay Odom planned to use the hangar-like building to store aircraft as part of his private airport business.
* The South Broward Bar Association will be held tomorrow at the Ark Restaurant. RSVP ASAP!! Judge Ilona Holmes is the current guest speaker for the luncheon. Members pay $20 and non-members pay $30. Judges eat for free! It still isn't too late to join this up and coming association, membership applications will be available at the luncheon and online. Also, you can RSVP online at the SBBA website. You can find our website on the links tab on our blog. Pay Pal is also up to date now. If there are any questions or concerns please feel free to call our office at 954-791-3939. Thank you and we look forward to seeing you there!
The information I am posting comes from the Web or Hassett and Associates P.A. If you would like to learn more about us go to www.criminaldefense.cc.
Tuesday, August 4, 2009
Youth Boxing Program Aims To Knockout Teen Crime
Youth Boxing Program comes to town-Sun-Sentinel.com
Deerfield Beach- When kids pick up a pair of boxing gloves, they might not pick up something more dangerous. That's the idea behind "Gloves Not Guns," a new national program that plans to teach boxing and life skills to children in Deerfield Beach... Boxing Program aims to knockout teen crime. More continued.
* The SBBA Luncheon will be held at the Ark Restaurant at 12:00 PM; Thursday. RSVP ASAP! We look forward to seeing you there!
The information I am posting comes from the Web or Hassett and Associates P.A. If you would like to learn more about us go to www.criminaldefense.cc.
Monday, August 3, 2009
Thousands Work with Criminal Records
Thousands with criminal records work unlicensed as loan originators
BY: MATTHEW HAGGMAN, ROB BARRY and JACK DOLANmhaggman@MiamiHerald.com
Gary Kafka, former body builder with a long rap sheet and violent past, wrote millions of dollars in mortgages in South Florida without ever applying for a state license.
Fresh out of prison after serving time for bank fraud, he never went through a criminal background check before selling loans. He never took a competency exam.
He never had to.
More than half the mortgage professionals registered in Florida -- 120,563 -- entered the industry this decade without being licensed by the state, The Miami Herald found.
Known as loan originators, they perform the same job as mortgage brokers but aren't bound by the same rules. To read more go to MiamiHerald.com.
* Reminder: The South Broward Bar Association will be held at the Ark Restaurant at 12:00 PM in the ballroom. RSVP to Nellie Hassett at 954-791-3939, Hassettlaw@bellsouth.net, defenderno1@bellsouth.net, or online at the South Broward Bar Association Website. Thank You and we look forward to seeing you there!
The information I am posting comes from the Web or Hassett and Associates P.A. If you would like to learn more about us go to http://www.criminaldefense.cc/.
Hate Crime Protection for Homeless
Treat crime severely, but not as a hate crime
THE ISSUE: Duo seeks hate crime protection for homeless.
Sun Sentinel Editorial Board
July 11, 2009
Nobody questions that crimes against the homeless, in South Florida and elsewhere, have been gruesome, violent and cowardly.What is highly questionable is whether those deplorable crimes should be classified as hate crimes.State Rep. Ari Porth, D-Coral Springs, along with an assist from Broward Sheriff Al Lamberti, are spearheading the movement to make Florida the second state — after Maryland — to include homeless people as a protected group under its hate-crimes statute. A noble idea, to be sure, but the state would be best served by judges handing out stiff sentences for all violent crimes.
The South Broward Bar Association is only a few days away. RSVP as soon as possible. Thank and we look forward to seeing you there!
The information I am posting comes from the Web or Hassett and Associates P.A. If you would like to learn more about us go to www.criminaldefense.cc.
Sunday, August 2, 2009
Writer Taped Suicidal Man/ SBBA Meeting
Prosecutors Investigate Writer Who Taped Suicidal Man
National Stephen Braun
Florida state prosecutors questioned a fired Miami Herald columnist Friday, trying to determine whether he had committed a crime by surreptitiously recording his conversation with a former city official who minutes later killed himself in the newspaper's lobby. To read more click the blogs title "Prosecutors Investigate Writer Who Taped Suicidal Man".
Getting off the subject, this is a reminder that the South Broward Bar Association Luncheon is only a few days away. Judge Ilona Holmes is the guest speaker and the meeting is held at the Ark @ 12:00. RSVP as soon as possible. Thank You! The President, Ken Hassett looks forward to seeing you there. I will keep you posted if there are any updates.
The information I am posting comes from the Web or Hassett and Associates P.A. If you would like to learn more about us go to www.criminaldefense.cc.
Friday, July 31, 2009
Miami Police Falsifying Crime Data
State probe clears Miami police of falsifying crime data
Report: Miami crime figures correct
A state investigation has found no evidence of systematic efforts by Miami Police brass to suppress city crime statistics -- but found that some underlings nevertheless felt pressure to skew the numbers.
A report released Monday pinned the problem on the department's handling of Compstat, a computerized system that tracks crime trends, championed by Police Chief John Timoney as a valuable tool.
Compstat's goal " is to ensure that district commanders are taking every available measure to address the crime issues in their respective area,'' said the report by the Florida Department of Law Enforcement. " In some cases, this caused members, when given the option of classifying a case ... the incentive to decide on behalf of the lesser classification in an attempt to show positive results in Compstat meetings.''
BY: JENNIFER LEBOVICH jlebovich@MiamiHerald.com
The information I am posting comes from the Web or Hassett and Associates P.A. If you would like to learn more about us go to www.criminaldefense.cc.
Thursday, July 30, 2009
SBBA Reminder
Hello!
This is just a reminder that the SBBA Luncheon is only a few days away. Sign up as soon as you can. Judge Ilona Holmes is the guest speaker and we look forward to seeing everyone there. If you have any questions call our office at 954-791-3939 and ask for Nellie Hassett, Criminal Defense Attorney Ken Hasset's wife. He also is the President of the South Broward Bar Association. Lunch is $20 for members and $30 fro non members. This is a great opportunity to network and socialize with local attorneys in the area. See you there!The information I am posting comes from the Web or Hassett and Associates P.A. If you would like to learn more about us go to www.criminaldefense.cc.
Wednesday, July 29, 2009
SBBA Luncheon August 6th
Hello!
This is just a reminder to everyone that the South Broward Bar Association Luncheon is held on Thursday, August 6th at 12:00 PM at the Ark Restaurant (ballroom). Judge Ilona Holmes is the guest speaker for the event. Lawyers receive CLE credits at no additional charge. The cost for members is $20 and for nonmembers $30. It is still not too late to join this up and coming event; membership applications can be filled online or at the Ark. The President of this event is Attorney Ken Hassett, the criminal defense attorney. Also, permanent name tags will be given out and collected at the end of the luncheon, a first, we hope the members enjoy them. Just remember this is a great way to network lawyers in a business- like atmosphere. This is all the current news for now, I'll keep you posted. See you there. and for information I am posting comes from the Web or Hassett and Associates P.A. If you would like to learn more about us go to www.criminaldefense.cc.
Tuesday, July 28, 2009
Food Fight A Criminal Matter
Senior Food Fight Prank Is No Laughing Matter
Three students at an Aurora, Illinois high school have been arrested after an outrageous cafeteria food fight, which seems to have started as a senior prank. A police officer and school official were reportedly injured during the flying food mayhem.
High school senior Demetrius Oglesby, 18, is believed to be the student who planned and started the food fight. He faces a felony charge of resisting arrest after reportedly running from the police during the incident. While chasing Oglesby, the officer suffered a broken foot when he tripped over another student who had fallen down. This may mean even more trouble for the student and his criminal defense.
Two juvenile arrests were made in connection with the incident and the minors were charged with misdemeanors. A 15-year-old has been charged with mob action and disorderly conduct and a 14-year-old was charged with assault.
The food fight is believed to have been a senior prank and students say rumors about it have been circulating for a week. About 200 of the 3,000 students who attend the school were present in the cafeteria at the time of the food fight. Authorities say that the lunchroom was totally out of control as students flung slices of pizza, french fries, milk and sandwiches at each other. One student recalls that other students were actually buying food beforehand as ammunition for the expected food fight. He says that milk, full soda bottles and blue slushies were being hurled around the room. Another student noted that anything and everything sold in the cafeteria got thrown. Some students were running into the hallways to escape the mess, while others ducked for cover underneath the lunchroom tables.
School officials are not amused by the stunt. The cafeteria was closed Friday and also on Monday, which was the last day of school. Security was also increased at the school for the remainder of the term and a spokesperson for the school district says there will be consequences for the students involved in the incident. Several dozen high school seniors accused of being involved in the food fight have been banned from the school's graduation ceremony on Tuesday.
School Principal John Glimco calls the food fight a bad choice and bad judgment and says pranks are funny and don't hurt anyone. He says he doesn't consider a food fight to be a prank. I'm sure the people who got injured during the chaos would agree with him.
Generally pranks don't leave students with criminal records, but this incident will almost certainly affect at least three students that way. No mention has been made about who exactly had to clean up the mess that these students made or what consequences students who were not graduating on Tuesday might face. Copyright © 2009 TotalCriminalDefense, Inc. (as licensee). All rights reserved. The information I am posting comes from the Web or Hassett and Associates P.A. If you would like to learn more about us go to www.criminaldefense.cc.
Monday, July 27, 2009
Acne Medication Excuse for Murder
Guilty Verdict in Accutane Murder Case
The Effects of Strong Acne Medication Unsuccessful As Murder Defense
John Mullarky of Monroeville, Pa., was convicted of first-degree murder on Monday, June 29, following a highly publicized trial involving the popular, and now discontinued, acne medication Accutane.
The jury deliberated for less than two hours before issuing its verdict, as reported by KDKA of Pittsburgh .
Mullarkey, 20, was charged with criminal homicide after fatally stabbed his ex-girlfriend, 16-year-old cheerleader Demi Cuccia, in August of 2007. Mullarkey was 18 when the murder took place. Ultimately dying of a shoulder wound, Cuccia was stabbed a total of 16 times in her upper left chest, arm, and shoulder. The unforgivable crime was committed in Cuccia’s Pennsylvania home where Mullarkey went to discuss what seemed to him like their looming break up.
Mullarkey was hospitalized after he slashed his own throat following the killing. Mullarkey claims he is an avid hunter, and cited this as his reason for carrying a knife at the time, insisting that it was not an uncommon occurrence.
The Accutane Defense
While recovering in the hospital from the self-inflicted 10-inch laceration across his throat, Mullarkey communicated his criminal defense to a county homicide detective on an eraser board, writing, If I did something—no, erase that—if somebody did something bad and they were taking medication, would that be a defense?
Following suit, his lawyers made efforts to reduce the conviction to third-degree murder (not premeditated), alleging that it was a crime of passion following his breakup with Cuccia, inflamed by depression resulting from the cessation of Mullarkey’s use of Accutane, a powerful acne medication.
Although the murder was not blamed on Mullarkey’s intake of Accutane, it was the defense’s hope that the drug's side effects would be deemed as a heavy influence on Mullarkey’s mental state. Prior to discontinuing his use of the drug, Mullarkey complained that Accutane had made him depressed.
Prosecuting attorney Mark Tranquilli asserted that Mullarkey killed Cuccia solely because he refused to accept the inevitable; he was about to get dumped after their tumultuous two year relationship.
However, the defense argued that Mullarkey’s mental thought process at the time of the murder was deeply impaired by his previous use of Accutane, and his subsequent and difficult state of cold turkey. His defense lawyers contended that because of his recent use of Accutane, Mullarkey could not fully form the intent to kill.
Accutane Pulled From Market
Accutane was pulled from the U.S. market on Friday, June 26 – the last day of Mullarkey's trial before the jury deliberated – after juries rewarded at least $33 million in damages to users who blamed the drug for bowel disease. Roche Labs of Nutley, New Jersey, who manufactured the drug in the United States, named reasons for the decision mainly as concerns over the competitive pricing of generic versions and not the drug’s side effects.
In light of this news, defense attorney Robert Stewart asked presiding Judge Jeffrey Manning to either delay the trial or grant a mistrial just before closing arguments. Judge Manning dismissed this motion because, at present, there is no evidence linking Accutane to altered mental states or homicidal behavior. He resolved that the defense could raise the issues surrounding Accutane’s influence in the case if they planned to pursue an appeal. Copyright © 2009 TotalCriminalDefense, Inc. (as licensee). All rights reserved. The information I am posting comes from the Web or Hassett and Associates P.A. If you would like to learn more about us go to www.criminaldefense.cc.
Friday, July 24, 2009
Criminal Court Closes PROMPTLY at 5 - No Exceptions!
Criminal Court Closes at Five - Even When Life is at Stake
By: Gerri L. Elder
Have you ever walked up to the post office door and yanked on it, only to find it locked at 5:01pm? That's how it goes, closing time means closing time. People who work for the government have busy lives, and much more important things to do than to stay open to mail your letter, or possibly even save your life.
As infuriating as it is to arrive in what you think is 'just in time' to find an office locked up for the day, for most people it is not a matter of life or death. However, for one Texas inmate, it was just that. His life was on the line.
On the morning of September 25, the US Supreme Court announced that it would agree to review an appeal by two Kentucky death row inmates who are challenging the legality of death by lethal injection.
On that same day, Michael Richard, who was on death row in Texas, was scheduled to die by lethal injection at 6pm. He had been convicted of the 1986 rape and murder of a woman and was sentenced to the death penalty for the crimes.
When Richard's criminal defense attorneys heard the announcement by the US Supreme Court that morning, they went into overdrive and drafted an appeal, on Richard's behalf, to the Texas Court of Criminal Appeals. The court is the state's highest court for criminal law cases.
As fate would have it, a computer malfunction slowed Richard's criminal defense attorneys down that day. At 4:50pm they called the court to let them know what was happening, that they intended to file the appeal and that their client was scheduled to die by lethal injection at 6pm. They asked that the court remain open until 5:20pm so that the appeal could be filed, and possibly save their client's life, even of only for a little while.
Reportedly, an unsympathetic clerk told them plainly, "We close at five."
Since they could not get the cooperation of the local court, Richard's lawyers took their case to the Supreme Court, because the Supreme Court stays open for executions.
By filing the appeal with the Supreme Court, the lawyers were able to stall the execution for several hours. However, since the appeal was not able to be filed first with the local court, it was rejected in Washington.
So, as a result of the local court not staying open for an extra 20 minutes due to the unusual circumstances Richard's lawyers faced that day, the man was executed and pronounced dead at 8:23pm.
Texas has not executed another inmate since September 25th.
A leading daily newspaper in Texas, the Dallas Morning News, was outraged by the court's decision not to stay open for Richard's appeal. The paper ran a scathing editorial titled, "We Closed at 5".
The editorial read, in part, "Hastening the death of a man, even a bad one, because office personnel couldn't be bothered to bend bureaucratic procedure was a breathtakingly petty act and evinced a relish for death that makes the blood of decent people run cold."
Texas has put to death more than 400 people since the reinstatement of the death penalty in the country in 1976.
Update:
The Guardian Unlimited reports that, as of early November, Texas will accept emergency email appeals in death row cases. The decision came only two weeks after nearly 300 lawyers signed a petition demanding this practice.
Since the U.S. Supreme Court has decided to hear the case concerning the constitutionality of lethal injection, no inmates in the United States besides Michael Richard have been executed. The information I am posting comes from the Web or Hassett and Associates P.A. If you would like to learn more about us go to www.criminaldefense.cc.
Prison, the Constitution, and the Supreme Court
Is Prison Overcrowding is Unconstitutional?
By: Gerri L Elder
The decision of a three-judge panel in San Francisco could result in the release of more than 50,000 California prison inmates. The state's prison system is in crisis because of severe overcrowding and federal pressure to improve medical and living conditions. The judges will decide if the overcrowding violates the constitutional right against cruel and unusual punishment.
The New York Times reported that the 33 adult prisons in California now house nearly double the inmates they were designed to hold. Criminal defense attorneys for the inmates say that the crowded conditions lead to increased violence, disease outbreaks, deaths and inadequate mental and health care services. According to The Mercury News, on Dec. 4 defense attorneys asked the judges to order the state to release about 52,000 of the current 156,300 inmates over the next two years.
One of the judges on the panel, Lawrence Karlton of Federal District Court, noted during the hearing that the court has been asked to hand down a serious order that would interfere with California's right to handle state affairs. However, Karlton also voiced concern about the state's failure to provide adequate care for the inmates.
Lawyers for the state argue that the release of nearly one-third of the state's prison inmates would cause an increase in crime and would burden counties that already have tight budgets.
Matthew Cate, secretary of the California Department of Corrections and Rehabilitation, said he had seen reports indicating that California's inmates generally had more felony offenses than inmates in other states. The release of more than 50,000 of these inmates would be a danger to public safety.
Cate told The New York Times that the most serious problem in California prisons is the lack of appropriate space for mentally ill inmates, and the release of inmates would not correct the situation.
Michael Bien, a lawyer for the inmates, said overcrowded prisons are dangerous for prisoners and also puts corrections officers and the public in danger.
Defense lawyers for the inmates do not propose the release of dangerous criminals. The state could achieve much of the necessary reduction to the prison population by not sending people with minor parole violations back to prison.
In August, a court-appointed federal receiver in charge of bringing the California prison system into compliance with the constitution announced that it would take $8 billion to build facilities and fix the prison system.
However, California has a budget crisis, and it is unlikely that funding will be available. At the hearing, Judge Stephen Reinhardt of the United States Court of Appeals for the Ninth Circuit stated the obvious by saying, "We should start from the premise that there's not going to be any more money spent on this problem."
A decision in the case is not expected until 2009. The special three-judge panel is acting for the first time under a 1995 federal law designed to limit the judiciary's power in inmate rights cases. Any order to release prisoners would almost certainly face an appeal to the U.S. Supreme Court. The information I am posting comes from the Web or Hassett and Associates P.A. If you would like to learn more about us go to www.criminaldefense.cc.
Thursday, July 23, 2009
Money is Getting Tight for Bail Bondsmen
Bail Bondsmen Hit Hard By Recession
By: Gerri L Elder
As the economy’s conditions continue to get worse, businesses are learning to adapt the way they think about and do things to make it through the recession. According to a report by The Associated Press, bail bondsmen are feeling the effects of the tough times and have found they need to adapt.
But law enforcement officials and insurers fear that the latest tactics bail bondsmen are using to build business may put public safety at risk. A growing number of bondsmen are offering financing options to sweeten the deals and attract defendants.
Bail bond agents generally charge a 10 percent premium and often require collateral to ensure defendants make required court appearances. However, some are now bending the rules by offering minimal down payments and no collateral. The defendants get out of jail for a fraction of the traditional cost and agree to make payments on the remainder of the bondsman's premium.
In most states, it’s legal for bail bondsmen to finance premiums for defendants. In fact, financing of bail bonds developed a few years ago, but in the recent state of the economy, financing deals are becoming more popular – and may even make up half of the bonds written when criminal defense attorneys cannot arrange for a defendant to be released on recognizance. Law enforcement officials are concerned that the growing number of agents offering financing may result in a larger number of defendant's skipping court.
Insurance companies that back the bonds also have concerns about higher bail forfeiture rates. The premium paid to a bail bondsman is non-refundable. While a bondsman only pays a portion of the premium to the insurer, the insurer backs the bond and has to pay the total amount of bail if the defendant skips out on the court date.
However, The Associated Press reported that it is not possible to see if there is a correlation between the recent increase in bail-on-credit and bail jumping. Courts have many different ways of recording defaults and there is a period of time before the case is considered a default since many states give bounty hunters months to catch the defendants.
Financing premiums may even help prevent jail overcrowding and discrimination against the poor. Many bail bondsmen say that there is pressure to offer financing to with the effects of the recession. The housing crisis and deflated home values have made it impossible for many homeowners to use homes as collateral. Since many people have depleted all of their cash and resources, finding a bail bond agent who offers credit is their only hope at making bail.
Although bondsmen say that offering financing is a must to stay in business, they realize that the business cannot survive on a depleted cash flow. Bail bond financing carries the risk that defendants who fall behind on payments could be arrested again and sent back to jail.
In these hard times, it is difficult to come up with a winning solution for defendants and bail bondsmen. Until the economy improves, defendants, bondsmen and bond insurers are in a precarious position. The information I am posting comes from the Web or Hassett and Associates P.A. If you would like to learn more about us go to www.criminaldefense.cc.
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