It has become more and more obvious: commercial bail is the last buffer of safety between the innocent public and the "suspected" criminals (that is what "probable cause" means: there is a good faith basis for believing that this person has committed the indicated crime).
Some "barrier of safekeeping" must be established to provide some modicum of protection for the non-criminal persons in the community until the formal question of guilt or innocence of the accused has been sorted out.
So what will constitute that barrier? Pretrial Service Agency oversight? Doesn't work. Own recognizance release? Doesn't work. Deposit bail? No, it doesn't work either? Numerous studies indicate that the "misconduct" rates are unacceptable for each of these designs. That leaves only the financially secured release method provided by the private sector surety insurance industry. It works. The misconduct rates of persons released in this way are acceptable. The numbers prove it. Commercial bail is the only effective safeguard available today. I look forward to your comments.
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Jerry Watson, Chief Legal Officer of AIA, blogging about the legislative side of the bail bond industry. AIA (Allegheny Casualty, International Fidelity and Associated Bond) is the largest and oldest bail bond insurance company in the nation.
Friday, July 12, 2013
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About Me
- Behind the Paper with Jerry Watson
- Jerry Watson serves as Chief Legal Officer to AIA, Senior Vice-President and Legal Counsel, Bail, at IFIC. He is the immediate past Chairman of the Private Enterprise Board of Directors of the American Legislative Exchange Council (ALEC) – America’s largest bi-partisan state legislator member organization on whose board he has represented the commercial bail industry for the past 15 years. He has also served as General Counsel of the American Bail Coalition since its founding and is a member of the Bail Advisory Council of the Surety and Fidelity Association of America (SFAA). His undergraduate and law degrees are from Baylor University and he is a graduate of the National College of Criminal Defense Attorneys and Public Defenders. He has testified as an expert on bail in various state and federal cases, among them being the country’s largest bail related damage suits. In Jerry’s 42 years in the bail industry, always as an attorney, he has represented local retail agents, general agencies, insurance companies and insurance companies’ trade associations before state and federal courts and regulatory agencies.
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