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Want to post bail? Wait until morning
Court ends round-the-clock bail services, which might aggravate overcrowding at county slammer
Bail agent Jody Sandoval awaits customers last week at Black Jack Bail Bonds in downtown Las Vegas. Owners of bail bonds companies are not pleased with the Las Vegas Justice Court’s elimination of the graveyard hours for bail services.
Monday, March 8, 2010 | 2 a.m.
Beyond the Sun
Sun Coverage
The Clark County jail is notoriously slow when it comes to bail, and a recent change could make it even slower, further clogging the criminal justice system.
Las Vegas Justice Court this week stopped allowing people to post bail between midnight and 8 a.m. and is no longer letting out people eligible for release without bail between midnight and 4 a.m. The reason: The court’s pretrial services division, which processes bail requests, has been under a hiring freeze since October that has thinned its ranks.
“We’re no longer able to spread everything out over 24 hours,” Chief Judge Ann Zimmerman said.
Henderson and North Las Vegas justice courts have round-the-clock bail services. So do courts in Salt Lake City, Phoenix, San Diego and Washoe County.
Zimmerman and other legal experts say the Las Vegas court is not violating anyone’s rights by closing the bail windows overnight. “Certainly you have a right to bail, but there’s nothing that said you have a right to bail this minute,” Zimmerman said.
Allen Lichtenstein, general counsel for American Civil Liberties Union of Nevada, said the possible results are an issue, however. If people cannot post bail overnight, they will spend more time in jail, and that will make overcrowding at the county jail even worse, Lichtenstein predicts.
“You already have 40 people in a holding cell, some of them sleeping on the floor,” he said. “It looks like something out of the Third World.”
Forcing someone to endure such conditions “for a long period of time does raise some serious constitutional concerns,” he added.
Instead of making moves that further delay the release of people who can or have posted bail, the Clark County judicial system should be working to clear out jail beds quicker, he said.
He said that if the local criminal justice system were interested in saving money, it would do more to make sure that individuals who make bail are released in a timely fashion, something he said would reduce the overcrowding — and reduce costs to taxpayers for housing, guarding, feeding and providing medical care for inmates.
“The goal should be that people who are not a danger to the community or are not a flight risk should be processed so as not to overload the system,” he said.
Lichtenstein said that for years he has been asking why it takes so long for people to be released after posting bail. “I never get a clear answer,” he said.
Zimmerman and a Metro Police spokesman acknowledge it can take up to a full day for a person to be released from jail after bail is posted. They argue it’s one reason why the effect of closing bail windows at night will be negligible.
Although the Las Vegas Justice Court’s pretrial services handles 1,400 to 1,500 bail applications a month, only 80 to 160 of those had been filed from midnight to 8 a.m., court spokesman Michael Sommermeyer said.
But he also acknowledges that the system is saving only about $55,500 annually with the change.
The elimination of the graveyard hours has met a chilly reception from owners of bail bonds companies, who were given 30 days notice of the change but were not asked for their input.
Black Jack Bail Bonds owner Michial Taylor, president of the industry advocacy group Surety Bail Agents of Nevada, said that at a minimum pretrial services can expect to be bombarded by higher volumes of bail paperwork each morning.
Tracy Giancola, an intake specialist with Las Vegas Justice Court, processes a bail transaction last week at the Clark County Detention Center. The court no longer allows inmates and bail bonds companies to post bail between midnight and 8 a.m.
“It’s going to create a huge amount of backlog,” Taylor predicted.
Sommermeyer said the change involved moving staff to the day shift.
Taylor said he intends to solicit input from members of the group “as to what kind of problems they are experiencing” as a result of the change.
Paul Caruso, owner of Express Bail Bonds and six similar companies, fears his industry will lay off night-shift employees.
“It’s also another eight hours where someone sits in jail and can’t do anything about his bail situation,” Caruso adds.
Taylor is convinced that the change will simply add to the “amazingly insane amount of time it takes to get released from Clark County Detention.”
“I believe it will add to the overcrowding of that jail,” he said.
Metro Police acknowledge that overcrowding is a problem. But Officer Bill Cassell, a Metro spokesman, said the reason jail personnel figure the changes won’t affect overcrowding is there are so many reasons why it takes up to 24 hours for an individual to be released once bail is posted.
“Releasing someone from jail is not as simple as opening the door,” he said. “One of the biggest factors has to do with time of day and day of the week.”
If, for instance, someone has met bail requirements between noon and 6 p.m. on weekdays, they often have to wait in line behind hundreds of others who have also posted bail, Cassell said. There can be long lines simply to get one’s property returned before release. These lines can drag into the night, he said.
The jail also has to verify whether the correct person is being released. Cassell said detainees often attempt to pass themselves off as others.
Asked whether there is anything Metro could do to reduce the waiting time after bail is posted, Cassell said: “Not without cutting corners that we don’t want to cut.”
Zimmerman said the court will check back with the detention center in a month or so to ascertain whether the change is contributing to overcrowding.
“If it is problematic, we’ll have to figure out what to do next,” she said.
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I am one of the Senior Bondsmen in this city with over 13 years bailing people out in this town. I am pleased that the bail window is closed at night. If some of these bondsmen understood the jail system at the CCDC, they would understand that it is not the processing out that takes the time, but actually is the booking new people in that takes up the time. By having an extra 8 hours just dedicated to booking new inmates in, it allows the jail to get caught up. I have found that with this, the inmates are being processed out faster in the morning than they have been in the past. As far as Mr. Taylor, we have no official association, so he's not the head of some bail advocacy group...lol. Most of us bondsmen are pleased at this change. Besides allowing more efficiency in morning bail outs, it also allows us to finally get some sleep...lol
The best solution to this problem as I see it. DO NOT BREAK THE LAW!!!!!!!!! And then you will not need to worry about getting a bondsman. Sorry to the Bondsman but some dumb a_s will screw up and you can bond him or her out .
The only one that suffers is the alledged criminal. They get their night in jail!
Those of us that have PERSONALLY been through the booking in process would,I suppose, know the process better than those of us that have not. Some of us "LOL" all the way to the bank...others would rather sleep...I guess just happy to be in their own bed and not still on a county cot. I wonder why the difference in bail opening at 8am and O/R's at 4am?
Most of the non-violent shouldn't be processed in to begin with.
They do it to justify their own jobs.
There has been a problem for years with getting pretrial release to verify a detainee's info in a prompt fashion (which most judges will require before considering a motion for an own recognizance release) so front-loading the workload on an already strained pretrial release staff is likely to make the problem even worse. Ultimately, the county will get sued for jail overcrowding, lose and be placed on a court decree directing it to release nonviolent offenders or not to book them in the first place. Alternatively, you may see what we have in California, where budget constraints have imposed a mandatory increase in good time credits for nonviolent offenders--which causes them to be released early for fiscal reasons.
"SmartyPants",
In America, THANK GOD, we have this notion of PRESUMPTION OF INNOCENCE, you dolt.
gmag39
Presumption of innocence is a concept beyond these idiots.
$5,500 ANNUALLY is not a lot of money saved for such a huge adverse impact on the jail system. The costs just end up being shifted to somewhere else down the line. But, they have to try something. One would think the government could just hire someone and the wages paid would increase revenue for the city. Instead, they cut a revenue generating activity which only makes the situation worse. It's not as if this shift wasn't bringing in money!!!
Amen, tvegas.
Can anyone see that there is an ulterior motive for not accepting BAILBONDS from 12 midnite until 8am but you can still be released on own recognizance? That's were accused criminals PROMISE not to break any more laws and come back to court like the good little boys and girls we all know they are.That is a TAX PAYER FUNDED get out of jail free bond. The justice system is only saving $5500 a year(15 dollars a day)I spent more than that on cigarettes before I quit smoking.It cost $5 or more for a phone call made by someone in jail and the jail gets HALF,calls can be made 24hrs a day. How many calls would you make in 8 hours? I pay in excess of $10,000.00 on collect calls every month. What can a defendant buy at the jail commissary,what does it cost, and who makes the dollars? Phone calls and commissary are just the tip of the iceberge.Any one interested in knowing the rest of it?
Mike: I agree with you that the jail commissary and phone system are cash cows for CCDC, but I have to say, as a criminal defense attorney I *wish* the courts were as liberal as you consider them to be with regard to O/R releases. As I said, most judges won't even consider an O/R motion on in custody defendants unless the prisoner has been interviewed by pretrial release and their biographical data (address, etc) have been verified. While this isn't conceptually unreasonable, it can lead to massive backlogs. If Joe Blow is arrested on Friday at 10pm, he probably won't go before a Justice of the Peace until Monday (if he's lucky)or Tuesday. Since many JPs try to do their gen crim calendars on particular days (e.g. Mon and Wed or Tues and Thurs) so that other days can be reserved for DV and DUI cases, if Joe doesn't get interviewed he could be in there for several days, taking up space we don't have.
What about investigating the kickbacks some attorneys pay to bail bondsmen for referrals?
This is no different than the kickbacks personal injury attorneys allegedly pay for referrals at UMC.
It is against the law.
All of us Bondsmen know that it takes longer to process an O.R. release than it does a bail bond. The reason why they are still releasing people throughout the night is because those are the bonds and O.R. releases that were processed PRIOR TO MIDNIGHT. Intake services (The court people) are not taking new bonds or new O.R. releases between Midnight to 8:00 am. The idea of the jail conspiring to make more money on selling commissary items to the inmates is ridiculous, as new inmates are not eligible for commissary. As far as the phone calls during the night, it is only in the new booking area. Over the years parents and loved ones have opted to bail their family and friends in the morning when the banks are open in order to be able to get the money. These bondsmen who love to "laugh all the way to the bank" are more insensitive than the jail is, and often abuse their authority when they have a defendant on bond with them. If you want to know who is a legitimate and trustworthy bondsman, just contact the Better Business Bureau. Most bondsmen have an "F" rating. You can also refer to the Nevada Division of Insurance if you have a problem with a Bondsman acting less than professional. DOI is the regulatory commission that regulates and enforces all Bail Bond companies. My company has strived to treat clients with the utmost respect, while other companies treat their clients like criminals. It is true that the jail O.R.s 180 people a day. Sadly, there are heavy drug dealers in the mix. These type of defendants do need legitimate professional bondsmen to manage them and make sure that they keep out of trouble while they are awaiting court. The argument that is often raised is that there are a lot of bondsmen that are worst than those that they bail out. Fortunately, a lot of bondsmen such as myself, are prior law enforcement that have entered this field. There is legislation to change the requirements of becoming a bondsman and may help weed out those "Undesirables" that consider bail bonding as just another "Racket" to make a fast buck that they can laugh all the way to the bank with. There does need to be some drastic changes to the current jail system, but there are those of us that are working hard to change it, and there are those that just sit around whining about it.
lvlawyergal,I think that the cases you speak of involve the "few" defendants that have previously been denied O/R release by pretrial services at the time of their arrest, and must let a judge"see"them and convince the judge that they should be O/R'd. At Blackjack(just 1 bail office of more than 30) we speak to at least 10 defendants a day that are given an O/R release the day of or at most the day following their arrest.This does'nt include the on average $30,000.00 in bailbonds that are returned to us each month on defendants that get O/R'd even after arraingments for financially secured bail have been made.This February that number of bailbonds returned to just this office grew to in excess of $100,000.00. Makes me wonder what was happening to cause pretrial services to increase the number of free taxpayer funded bailbonds so much?
Is Jody Sandoval related to Kevin Sandoval, who apparently is running for governor?
I work with Jody Sandoval and no she has no relationship to Kevin Sandoval what so ever.
There should be a mandatory 48 hours detention before anyone is eligable for release on bail. I bet that would create a significant drop in the crime rate.
As far as bail bonds being returned, the bondsman should of checked with intake services BEFORE posting the bond(s). Bonds are not returned after they have already been accepted by the court. Some bondsmen have even gone as far to trying to lie to the families, telling them that the bond(s) been posted when they were OR'd, keeping the money. There are several investigations going on as we speak of this fraud practice. There needs to be better determination of who is released on OR, that is for sure
that's absolutely retarded. Violent offenders, yeah, that makes sense. But the majority of people that get locked up, yeah right. I hope you get arrested and have to sit in the poke for 48 hours. You can get arrested for a lot of stupid stuff nowadays. Things most would hardly consider crimes.
There are time restraints on certain cases such as DUI and Battery Domestic Violence(BDV),and it takes in excess of 12 hours to be released from jail now.There is even laws against O/R's being given on some cases like BDV and others but pretrial services still pass them out like candy.Yes it is against the law for the bail agent to receive anything of value outside the bail premium and certain expenses as allowed by statute
O.K. Mr. Bailking a.k.a. Tim Deam......... How do you know how the jail work's? Didn't you spend 2 yrs. in the county jail? What were those charges? "Soliciting Murder"? I dont think you have 15 yrs in the business do you? and I'm sure the only law enforcement you have ever done is a little time with the "Bounty Hunter's" right? If I'm wrong I sure would like to be corrected. Tim, you have always been the pot calling the kettle black. It sound's to me like you are still holding a grudge on Mike for not bailing you out, and or not buying your business. Or is it because he fired you?
xsistabail... OUCH!!
It was actually 15 months, but I was framed, that is why I was never convicted for that alleged crime.I tried to expose some public officials for taking some Mob bribes and they tried to shut me up. It took a lot out of me and my family, but I look back and feel that I am a better bondsman because of the time I spent inside. I have no grudge against Mike. In fact he spent more time than I have behind bars. Remember the Govenor's pardon that he finally received for killing a man, or has anyone forgotten about that? I am sure Mike put you up to make those derogatory remarks. I was not targeting Mike on this blog but responding to the issues. Furthermore, I never sold any business, nor have I ever been fired by Mike, so I have no idea where you have gotten your information, but you are definitely misinformed. Mike I am sorry for these comments, but this apparent employee of yours drew the line in the dirt, and we've known each other long enough for you to know that I never back down from a good argument...lol.
I have been ignoring Tim because I would like to keep the focus on the more important issue of pretrial services and O/R's. They cost us and the tax payer a way more money and grief than Tim ever will
Lastly, because this blog is starting to get out of hand, I think I am finished with this debate. As far as my law enforcement experience, I was a cop for 9 years before being a bondsman for 13 years. I have known Mike for a lot of years, and one thing he hates is ass kissers, so pull yourself off his Keester
Emvance hit the nail on the head: only guilty people who break the law ever get locked up. In Las Vegas, with the crack officers we have, no one has ever yet been arrested for a crime they didn't commit or, better yet, trumped up charges like failing to obey a lawful order or disorderly conduct for having the audacity to question an officer.
I like this segment, bondsmen talkin smack and tellin it like it is - I enjoyed reading all the comments - entertaining and funny.
Now the Las Vegas Injustice Court System just downgraded themselves from a spanish jail format, to a turkish one.
Some things don't change.
look at the photo of CCDC intake area, dot matrix 1980's type printer and abunch of mexi's at the window waitin to post their cousin out of the clink!!!:)
All the jails have to do is get Continental Prison System/EZ Card and Kiosk to install their units in the jails and prisons and bail can be posted 24/7 on a credit or ATM card!
http://www.ezcardandkiosk.com/Default.as...
Re: thekube
Re: miketaylor
Correction: The story says $55,500 will be saved annually, not $5,500 as you've stated.
Thekube:
Thanks for bringing the changes to my attention. The copy of the story I printed from the web on March 8th shows $5,500. Obviously the SUN has edited the story.