A new ACLU and Color of Change report, “Selling Off Our Freedom: How Insurance Corporations Have Taken over Our Bail System” condemns for-profit businesses for their role in mass incarceration and racial inequality.
Most people know, either from experience or from reading the news, that people who are arrested might receive the option of paying bail in order to get out of jail during the pretrial period. Generally, judges set bail based on the type of crime for which the suspect has been arrested. Suspects may request lower bail, or request release on recognizance. Either way, suspects have to comply with conditions of release in order to avoid being arrested again.
Many countries offer the option of bail as an alternative to imprisonment while a defendant awaits trial, based on the principle that no one should be incarcerated before they’re proven guilty. This monetary deposit represents an agreement that the accused will show up for their court dates. After the trial, provided the suspect shows up to their court dates, he or she receives a refund.
What happens to bail money if the defendant forfeits it by not appearing in court? In such cases, local regulations stipulate how the money will be used, usually by the courts or law enforcement agencies. Forfeited bail belongs to the government, not to for-profit agencies.
Jailed suspects can post bail with the courts directly, or they can purchase bail bonds from private insurers. The practice of selling bail bonds for profit is unlawful in every country in the world, except the United States and the Philippines. Bail bondsmen who work for insurance companies target criminal defendants when selling their products, and they charge a non-refundable fee to post bail. Additionally, many corporations do not return the bail money after the trial, even when no convictions result. So, if you contract with an insurance company selling bail bonds, you will never see the money they collect as a fee on top of the bail payment. In some cases, you won’t even see the bail refunded by the courts — money to which you should be entitled.
The report outlines several alarming ways in which for-profit insurance companies harm individuals and families, particularly people of color and low-income individuals and families:
Civil rights advocates have called for the elimination of for-profit bail companies for nearly a century. The very idea of having to pay to get out of jail when you are presumed innocent raises an ethical dilemma. The Eighth Amendment prohibits judges from setting excessive bail; while this prompts debate about how we define “excessive,” at least the protection exists.
The constitutional loophole? The 8th Amendment regulates government agencies, not for-profit insurance corporations. Prohibiting for-profit bail corporations is the first step to correcting these injustices; not to mention it will put us on par with most of the rest of the world.
For statistics, infographics, and case studies, access the full report for free.
Woman was charged with her second DUI within 7 years after being involved in a collision in Scottsdale. Through our investigation, we found multiple mistakes made by the arresting officer. These errors were used to get the prosecution to reduce the alleged offense to a charge with no jail time.
A black man was pulled over by Salt River Police Department while visiting from out of town. Despite showing no signs of impairment, the officers arrested him and charged him with DUI Drugs. We investigated the case heavily and interviewed every officer involved. Ultimately, a motion to suppress was filed and granted after an evidentiary hearing before a Judge.
A man was charged with attacking a family with a knife. After reviewing the evidence, it was determined that the instrument used was not a knife at all. The Grand Jury had been misled, so we filed a motion challenging the grand jury presentation. The prosecutor, confronted with the truth, agreed to reduce the charge to a misdemeanor with no jail time.
Woman was charged with her second DUI within 7 years after being involved in a collision in Scottsdale. Through our investigation, we found multiple mistakes made by the arresting officer. These errors were used to get the prosecution to reduce the alleged offense to a charge with no jail time.
A man was out on a walk and was stopped by police because he was in the area of an attempted vehicle theft. The man maintained his innocence, but the owner of the truck identified him as the man he saw attempt to steal it. We worked tirelessly to prepare a defense and get the prosecution to see reason. The State wouldn’t budge, so the case went to trial. After a 4 day trial, the jury took approximately 10 minutes to return a Not Guilty verdict.
Woman was charged with her second DUI within 7 years after being involved in a collision in Scottsdale. Through our investigation, we found multiple mistakes made by the arresting officer. These errors were used to get the prosecution to reduce the alleged offense to a charge with no jail time.
A client was charged with resist arrest after being targeted by police during the protests of Summer 2020. Our firm developed a strategy with activists and members of the media that led to a dismissal of our client’s case and, eventually, all cases connected to the political prosecution of the protesters.
Woman was charged with her second DUI within 7 years after being involved in a collision in Scottsdale. Through our investigation, we found multiple mistakes made by the arresting officer. These errors were used to get the prosecution to reduce the alleged offense to a charge with no jail time.
A woman and her boyfriend were arguing over the cleaning of their apartment. The police were called after things escalated and the woman was arrested. The Mesa City Prosecutors originally wanted the woman to do jail time. After working the case and providing background information, we were able to get the prosecutor to allow the woman to complete classes in exchange for a dismissal.
Woman was charged with her second DUI within 7 years after being involved in a collision in Scottsdale. Through our investigation, we found multiple mistakes made by the arresting officer. These errors were used to get the prosecution to reduce the alleged offense to a charge with no jail time.
We have experience managing violent cases that fall under the categories of murder and manslaughter. Out of respect for all Nava Law Firm clients that fall under this case type, we are not providing any information on our website. If you or a loved one have been charged with one of these serious charges, do not speak to police officers and please contact our firm immediately to get a free consultation.
Woman was charged with her second DUI within 7 years after being involved in a collision in Scottsdale. Through our investigation, we found multiple mistakes made by the arresting officer. These errors were used to get the prosecution to reduce the alleged offense to a charge with no jail time.
