Posts Tagged ‘court’

Bail Bonds Industry Should Police Itself Better

Sunday, January 23rd, 2011

Many in the bail bonds industry are happy to start a new year after a difficult 2010. The average bail bondsman faced pressure from things such as a harsh economic climate, increased regulatory scrutiny and unpopular pretrial release programs.

The issues are only compounded when the public and regulators read stories that portray bail bonds in a negative light. In 2010, there were quite a few. Last year headlines included everything from bondsmen changing bail bonds records at the courthouse to multiple instances of bail agents being arrested for improper solicitation. In one of the more shocking stories, a federal judge was removed from the bench by the U.S. Senate because he allegedly increased bail amounts to help a bail bondsman. In return the judge accepted trips, gifts and meals from the bondsman. This past year has given the industry some tough PR challenges to say the least.

Most of the public doesn’t have an in depth understanding of what bail bondsmen do or how bail bonds work in the greater scheme of things. In a digital world of 30 second sound bites and access to overwhelming amounts of information 24 hours a day, their perception is shaped by the biggest headlines and splashiest news.

When news painting the industry in a negative light comes to the forefront, the entire bail bonds industry suffers. It makes potential clients more apprehensive, regulators more suspicious and pretrial release programs more attractive.

The Great Recession not only hurt the public economically, but it also damaged our collective pschye. As a nation we held certain institutions in high esteem and felt confident our interests were safeguarded. Entire industries that were once bedrocks of our economy and way of life, now fight a negative public perception of crime, corruption and morally bankrupt practices. It used to be prestigious to claim careers with nexus to banking, hedge funds or mortgages. Now those are considered four letter words. The public, which is still reeling, is calling for regulation and increased oversight. As a result, we’ve seen new laws enacted in record time and the creation of entirely new federal agencies.

Suspicion of business and a perception of a lax regulatory environment permeate all industries now. Unfortunately, bail bonds never carried the same prestige and reputation that other industries did. So a more suspicious public and regulatory community are more motivated now than ever before to impose additional regulations and levee sanctions or fines.

Consider this, the Dodd-Franklin bill which literally rewrote financial services regulation in our country also established a Federal Insurance Office to monitor the insurance industry. While the Office has a somewhat ambiguous mission, it is charged with recommending changes to the state system of insurance. The limit on their power is not well defined and their role is somewhat broad. That means their impact is potentially far reaching. Maybe their role will include some connection to the bail bonds industry in the future, maybe it won’t.

The most important thing to remember in today’s climate is that more, not less, regulation and oversight is being brought to bare. An angry populous has called for governmental intervention and unprecedented safeguards. Legislators and regulators, who want to portray themselves as quick to respond, have certainly listened. The bail bonds industry is not immune to that. In fact, Colorado fined Lexington National Insurance $332,000 for violations of insurance law related to Colorado bail bonds business. This fine represented a significant chunk of the company’s Colorado revenue, as it only did $2.4 million in taxable bail premium in 2008. A fine of more than 10% of its revenue was seemingly the result of issues relating to improper documentation and compliance paperwork practices.

The bail bonds community would be well served by learning from the trials and tribulations of other industries. Compliance shortfalls, questionable solicitation practices and anything that even suggests impropriety only strengthen the arguments made by critics. Bail bondsmen serve a much needed role in our communities and legal system, but we can be our own worst enemy when we raise suspicions and doubts about our ability to operate in an orderly manner. The bail bonds industry needs stronger self governance and a commitment to the highest ethical standards. If it fails to do so, expect someone else to step in and mandate it on their terms.

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Court Of Appeals

Friday, January 7th, 2011

There are thirteen courts of appeals in United States which are present different circuits of the country. These courts of appeals handle most of the cases all over the year and are known to most significant courts in United States. The districts that come under third circuit are Delaware, New Jersey, and Eastern, Middle, and Western district of Pennsylvania. Third circuit court of appeals is one the thirteen courts of appeals in United States. It is a national court with appellate authority over district courts. Virgin Island District Court also comes under the appellate authority of court of appeals in third circuit. Currently there are fourteen judges and court is located at Pennsylvania. In James A. Byrne Courthouse all the cases are handled.

President of United States nominates the judges and then the judges are confirmed by the senate of United States. The tenure of the judges is for lifetime and only leaves the post after resignation, death, or removed by approval of Senate in case of wrong practice. Current 14 judges of third circuit court of appeals are Theodore A. McKee is a chief judge, Dolores Korman Sloviter, Anthony Joseph Scirica, Marjorie O. Rendell, Maryanne Trump Barry, Thomas L. Ambro, Julio M. Fuentes, D. Brooks Smith, D. Michael Fisher, Michael Chagares, Kent A. Jordan, Thomas M. Hardiman, Joseph A. Greenaway, and Thomas I. Vanaskie.

Chief Judge is selected amongst the 14 judges. To be a chief judge, person must be under 65 years of age, in the group for one year and not been chief judge before.

The tenure of chief judge is of 7 years. Chief Judge also has to leave the post at the age of 70. Next senior most eligible member fills the vacant position of chief judge. Third circuit court of appeals was established in 1891 along with eight more circuits. Court of appeals for third circuit is originally known as the United States Court of Appeals for the Third Circuit. Appellate Procedure Federal Rules govern the process of the circuit court. A panel which consists of three judges hears all the appeals in the court.

Only Supreme Court has the authority to review and overrule the decisions of circuit court under the written petition filed by the party.

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Fundamental Procedures During Personal Injury Trials

Thursday, December 30th, 2010

There is a specialized civil trial called a personal injury trial. This determines liability, or legal responsibility, for an injury to a party. This is not a criminal trial; the determination of liability is not about punishing the liable party, but about compensating the injured party and awarding damages to them. There are several key steps in a personal injury trial.

First there will need to be a jury. The jury isn’t automatically appointed or random. The jury is chosen from a pool of randomly nominated people. Each person who is in this pool is questioned to make sure they will be an impartial judge. Anyone who has a conflict of interest or who may be biased will be left off of the jury.

Then after the jury is chosen and assembled, the attorneys make opening statements. These statements are where each side lays out a quick overview of what they will be arguing. The plaintiff presents their overview, and then the defendant reinterprets this viewpoint to suggest they are not at fault.

After opening statements comes testimony. In testimony, victims and witnesses present their story of what happened. They can tell about what they experienced, and also what they saw.

Cross-examination may occur. If this happens, the opposing counsel questions a witness and reviews their statements, with the goal of exposing inconsistency, bias, or untruthfulness.

Lastly comes closing arguments. This is the chance for each side to present an overview or wrap up of their arguments and the data supporting their arguments. It is the last component of the trial before the jury leaves to deliberate and vote.

Taken together, these steps are meant to give the jury all the information it needs to understand what happened in the case. Jury members are expected to impartially examine the available data, and to weigh the relative merits of each side’s arguments. Then the jury votes on which side made their case and whether the defendant is to be held liable.

When the jury has decided this they will then give their ruling to the court. In most states it has to be a unanimous decision with all jurors agreeing. In states that this is not required, there still must be an overwhelming majority, of 9 to 3 or better.

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Considerations At Bail Hearings

Sunday, December 19th, 2010

Once arrested a suspect is usually taken to a booking facility and then onto jail for holding. Subsequent to that, the defendant will appear before a judge at what is called a bail hearing. This hearing is an opportunity for a judge to determine if a defendant is suitable for release under the terms and conditions of bail.

The severity and type of crime the defendant is accused of will influence if a judge grants bail to a defendant. If the defendant is accused of a capital offense and the judge believes there is a risk to the community bail may be denied. If the defendant is believed to be a flight risk bail may also be denied. At the least, the bail amount can be set at a high amount of money. In contrast, if a defendant is not deemed to be a threat to the community or themselves, their bail may be set at a lower amount of money.

Once a defendant is released on bail, they are still obligated as a condition of their release to appear at all before the court at all scheduled appointments. Any bail money that has been accepted by the court by the defendant may be forfeited if they fail to appear as ordered. In addition, the defendant will have an arrest warrant issued for failing to stand before the court as they were directed.

Bail is supposed to be a financial incentive for the defendant to appear at their scheduled court dates once released. Since money is at stake, the more money required to be released on bail the more likely someone is to actually make their court appearances.

Sometimes bail amounts are so high that a defendant can not pay the entire bail amount themselves. In that case, a bail bondsman may be retained to post bail bonds to the court on behalf of the defendant. The bail bond is a financial pledge from the bondsman that the defendant will appear at the trial as ordered by the court. If the defendant fails to appear, the bail bonds will encumber the bondsman to pay the entire bail amount to the court.

Bail is a sacred right of the American legal system. Although, bail is not without stipulations and exceptions. It is up to a judge to decide what bail amount if any will protect the defendant’s rights while still protecting the community at large.

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History Of American Bail Bonds

Saturday, December 18th, 2010

The history of bail bonds can be traced back to English law. Upon independence in 1776, the original colonies enacted bail specific laws which were both woven into the Constitution’s amendments and as stand alone laws.

Many identify the constitution’s eighth amendment as the basis for American bail laws by mandating that excessive bail may not be used to detain defendants who are entitled to bail by law. In addition, the sixth amendment also has implications for bail by guaranteeing that prisoners must be notified that they are in fact eligible for bail by law

The Judiciary Act of 1789 established further legal framework for bail, but did not differentiate between the use of bail before and after conviction. Then in 1946, the Federal Rules of Criminal Procedure clarified that release after conviction pending an appeal or application for certiorari is at the judge’s discretion regardless of the crime.

The first major change in over 200 years occurred in 1966 when The Bail Reform Act put into law .” This law states that defendants of non-capital crimes can be released on their own recognizance or on personal bail prior to trail unless the judge feels the convicted is a flight risk. Basically a judge is asked to select the least detrimental and restrictive measures to assure the defendant will be released and then appear in court. This usually leads to release with conditions such as posting bond, paying bail and restrictions on travel. If a defendant has been charged with a capital offense or has already been convicted and is awaiting sentencing or appeal, they are subject to different standards. The convicted will be released unless the judge feels the person will not return when ordered or is a danger to the community.

The 1966 Act thus created a presumption for releasing a suspect with as little burden as necessary in order to insure his appearance at trial. Appearance of the defendant for trial is the sole standard for weighing bail decision. In noncapital cases, the Act does not permit a judge to consider a suspect’s dangerousness to the community. Only in capital cases or after conviction is the judge authorized to weigh threats to community safety.

While some aspects of bail law have changed over the course of America’s legal system maturation, the right to bail remains intact. Just as in the colonial times, defendants still have access to bail if a judge reasonably expects they will fulfill their obligation to appear in court.

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How Las Vegas Bail Bonds Help You

Thursday, September 16th, 2010

Las Vegas is a town where people can let their hair down and do things that they would never do. However they usually will need a Las Vegas Bail Bonds before their vacation ends. Everyone loves spending time in Vegas no matter how old they are. The people that comes to Vegas range in age from early twenties to late sixties. Las Vegas has so many different things to do that you will never get bored.

When you get ready to go out on the town you might want to right down a Bail bond telephone number just is case. The bail bonds man is there to keep you from getting lock up while in VEGAS,

There are much more entertaining things to do than sitting in a jail cell all day and night. Las Vegas has some of the hottest night clubs, comedy clubs, and karaoke clubs in the area.

The bail bonds have some very unusual and bizarre stories so now they what to stay with you. Vegas is called sin city an the city of angels. If you happen to find your self in an illegal or embarrassing situation than you just call yourself a bail bond.

The many wild and unusual arrest are the entertainment of the city. Without the regular arrest the city would be boring and no one would get arrested. If people did not break the law then attorney’s would not have anything to do. So as long as their are criminals in the world their will always be a job for an attorney.

If you are arrested in Las Vegas and you need an attorney then you can always ask a friend if they can recommend an attorney. If you do not have any friends in Las Vegas then you can look in the yellow pages for an attorney.

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Tips For Finding A Good Las Vegas Bail Bondsman

Monday, September 13th, 2010

Each year, men, women, and families travel to the brilliant and exciting city of Las Vegas, Nevada. The city has much to offer, including lots of trouble. Whether people travel for business or pleasure, there are often times when the ending of the trip is formidable. When this happens, it is very important to know what to look for when choosing an attorney and a Las Vegas bail bondsman.

Because there are so many bondsmen operating in the city of Las Vegas, they have to be able to set themselves apart from the rest of the competition. Since all bail bondsmen are required to charge the same amount for their services as the other companies, they should be providing exceptional and unique services to attract clients.

When looking for a bondsman, make sure that they are licensed by the state of Nevada. This is a requirement. Any bondsman operating without a valid license is risking severe penalties. Also, their practices may not be ethical. A bondsman’s license can be verified through the Attorney General’s office. The Department of Nevada Private Investigator License Bureau will have record of the current license.

It is important to find a qualified bonding company. In order to be considered a qualified bondsman, he or she must have years of experience working in the jail systems and court systems in their state. They should be able to work effectively and swiftly with these systems in order to get their clients out of jail.

Another important thing to look for in a bondsman is flexibility. A bonding company should understand that every situation is different and should be handled that way. This is especially important when reviewing the client’s financial situation. A good bonding service will offer flexible payment options. This includes cash, money orders, and credit cards. Some also offer financing for higher bonds. A really exceptional company will also offer no collateral bonds for clients in dire situations.

Finally, accessibility is the last thing that a good bondsman should have. Clients need to post bail as soon as possible so the bondsman needs to be available, day and night. They will also need assistance with the post release process. This requires that a bonding company be open twenty-four hours a day. Finally, accessibility is the last thing that a good bondsman should have. Clients need to post bail as soon as possible so the bondsman needs to be available, day and night. They will also need assistance with the post release process. This requires that a bonding company be open twenty-four hours a day.

If a situation arises that calls for the services of a Las Vegas bail bondsman, the most important thing is posting bond quickly. Make sure to look for these four things: flexibility, accessibility, experience, and license. If they have all four of these things, the bondsman may be the right person to help make a bad situation easier to handle.

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Misconceptions About Bail Bonds

Friday, August 6th, 2010

The idea of getting arrested is foreign to many people. Consequently, most people only have a vague notion about the bail bonds system. Therefore, there are a lot of misconceptions about the bail bonds and bail bondsmen.

One of the biggest myths surrounding bail bonds, is that they are the same thing as bail. This is obviously not correct. Bail is the amount of money a court requires a defendant to pay in order to be released during the trial process. While a bail bond is offered to courts from bail bondsmen as a surety bond to garner the release of a defendant. Essentially the bail bond is a commitment by a bondsman to pay the entire bail amount if a defendant does not appear as ordered.

The bail bonds industry is a notoriously tough business because of intense competition. Competing messages shower radio, internet, print and television advertisements. Often these advertisements focus on the cost of a bail bondman’s services. This fuels the myth that pricing is different from bail bondsman to bail bondsman. This is inaccurate since each state mandates the fees charged by respective bail bondsmen and the ability to set pricing has been removed from each bail agency.

Fueled by television images and realty shows, many Americans mistakenly believe bounty hunters and bail bondsman are one in the same. A bail bondsman, for a fee, helps defendants gain their release after being arrested for a crime. If that defendant fails to appear in court, the bail bondsman could be forced to forfeit the entire bail amount. They will commonly in turn hire a bounty hunter to retrieve the missing defendant and return them to custody.

Once you’ve separated fact from fiction, you will be better able to navigate the court system if need be. Hopefully, you won’t have to know the ins and outs of bail bonds. But if you do, it is better to be armed with the accurate information.

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The Significance Of The Court Reporter Role

Saturday, July 31st, 2010

TV shows and movies do not accurately depict court reporters do much more than type court proceeding transcript. Not just relegated to court, they also help make accurate transcripts of conversations, speeches, legal proceedings, and other times when it is important to record verbal exchanges on paper. Often these are used for a record and sometimes as legal proof. They are an extremely important piece in legal proceedings. They ensure complete and accurate documentation. Sometimes they assist the judges and the attorneys by not only organizing the records, also searching through them for the information they need. Well versed in courtroom procedure and in administration, they sometimes even have suggestions for the judge and the attorneys. It has been increasingly common that they help provide services, like translation or closed captioning, for those who are hearing impaired so that they can know what is going on in the courtroom. The court reporter role has expanded from the person making written accounts of court proceedings, to doing so many other things.

There are a few different ways court reporting happens. The most often seen is the stenographic method where stenographers record all statements given during proceedings. This is also the kind seen in TV and the movies.

Real time court reporting is another method. This is where the stenotype machines that can be utilized for captioning link to a computer. The keys typed by the stenotypist is automatically displayed in the process Communications Access Realtime Translation (CART) which is used wherever the hearing-impaired needs it. The impaired can be a witness, as jury member, or even in the audience.

With the couple different ways to keep a record, there are also different areas in which court reporters are utilized. They can be used for hearings where the public is invited. This makes it easier to document the opinion of those people who are affected by specific decisions and/or legislation.

They are used for public hearings so that it is possible to know what the opinion of those affected by certain decisions or legislation. The court stenographer takes statements from individuals and from public speakers, ultimately writing to create a hearing record.

Insurance companies sometimes want investigation done into a person who filed a claim. An investigator is sent to question them. Stenographers are used to generate an accurate transcript of all of the questions and all of the answers given. This simple record can lead to a claim being either approved or denied.

Sometimes insurance companies would like more information from the person that filed a claim. Ultimately they send an investigator to ask questions. When stenographers are involved, they write everything down so that there is a clear accurate record of questions and answers. A claim may be either approved or it may be denied depending on how the interview went.

Court reporters are somewhat a jack of all trades. They don’t just stenograph and create accurate, easy to read transcripts for court cases, but they also organize them such that if some information is needed, they are expected to retrieve it. They are used for recording speeches, meetings, and anything else where word for word accounts being recorded are critical. It is often that their transcripts are needed in the appeals process. In addition, they set up assistance for those hard of hearing or otherwise handicapped. Needless to say, the court reporter role is much more important and involved than most people think.

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