Commercial Surety Bail
Commercial surety bail is utilized to hold the surety financially accountable to the state to ensure the defendant appears at all court dates required by the court of competent jurisdiction. In this post I will discuss the most utilized form of pretrial release in South Carolina. This form of release is known as a personal recognizance. This term will often be referred to as a PR bond (Personal Recognizance), OR bond (Own Recognizance), ROR (Released Own Recognizance). As a society that was raised playing the game of monopoly this form of release can easily be equated to the “get out of jail free card”. To move further, a discussion on the meaning of personal recognizance, the purpose for personal recognizance bonds, and the shortcomings of personal recognizance bonds will be discussed. Personal Recognizance Bond A personal recognizance bond is an unsecured form of pretrial release mandated by a magistrate judge that allows a defendant to be released from custody on their own promise to appear at future court dates as required by the court of competent jurisdiction. This release is considered unsecure because a surety is not financially bound to the state should the defendant fail to uphold the conditions of bail. Rather should the defendant abscond there are no third party guarantors associated with the case, and the state must maintain all financial responsibility in locating, apprehending, and transporting the absconded defendant. This form of release provides the defendant with absolutely no accountability throughout the judicial process. Due to the nature of a PR bond, having zero financial responsibility, it can be equated to a “get out of jail free card”. Certainly there is a large purpose for PR bonds in the criminal justice community. These bonds were created as a form of release for low risk, first time, non-violent offenders to be released pretrial. A majority of crimes committed in urban areas result from traffic violations and low level victimless crimes. These individuals were meant to be granted PR bonds in order to alleviate jail population. When used correctly PR bonds can be a vital tool in combatting the issues of jail overcrowding. It is when this form of release is abused that issues occur from a public safety standpoint. Public Safety Public safety is one of the largest concerns when considering bail. It would be assumed by the public that all criminal actions with a victim involved would be required to meet bail with secured sufficient surety. However, this is not the case. I can personally attest that personal recognizance bonds are granted to individuals charged with high-level felony crimes on a daily basis. A large number of these crimes include domestic violence, burglary, manufacturing of drugs, weapon possessions, felony dui, etc… This is not only a safety concern for the victim, but also the public as a whole. The public safety issue arises through a lack of accountability. The defendant is released with no supervision or financial responsibility when granted a personal recognizance bond. When required to post secured surety bail a defendant is monitored, must check-in, must appear in court, must be of good behavior, have no contact with the victim, notify with change of address, and not to leave the state of South Carolina. If the defendant violates one of the conditions the surety may apprehend the defendant to prevent any imminent violations of the conditions for bail. On a personal recognizance bond there is zero accountability. Financial gains lost? As a last point personal recognizance bonds take a significant portion of financial gain from the state of South Carolina. A surety is financially bound to the successful completion of a defendants’ case until disposition. If the defendant fails to uphold their responsibility the surety is bound to produce the defendant or financially reimburse the state of South Carolina for the loss incurred. Leaving a large pool of funds available to the state to collect upon. These funds can then be utilized to further progress the state of South Carolina. This pool of funds does not include the money saved through a private company monitoring, skip-tracing, providing court reminders, and apprehending absconded defendants. All these actions require taxpayer money when a secured surety is not involved. In closing it is important for the public to be involved in the criminal justice process, and understand completely the actions taken. An unsecured personal recognizance bond will often be presented to the public as a secured surety bond. When viewing bond information be sure to look for the difference, and understand if the defendant has been released on an unsecured personal recognizance bond or a secured surety bond. When doing this you will be surprised to see how many violent offenders are released on unsecured bail. As citizens it is important to view the statistics of these forms of release as to appearance rates, recidivism rates, victim safety, and financial responsibility. Victims right to know bills are a form of protection for the public to demonstrate how their tax dollars are truly being utilized for public safety. All funds are produced by the public through taxation for criminal justice actions. Therefore, the public should maintain the right to know how their tax dollars are being allocated. Private surety is the only means where the public is obsolete from the payment of criminal activity. South Carolina Bail Agents Academy Donald F. Mescia III 843-851-2245 dmbail@outlook.com
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South Carolina 19-08 Surety Insurance Producer; Limited LinesAll Surety Bonds in the state of South Carolina are formed through three-party contracts. A three-party contract in terms of insurance includes the following parties: principal, surety, and obligee. These parties all serve significant purpose as a means for surety bond performance. There are four significant subgroups to surety bonds in South Carolina. These four types of commercial surety bonds include: construction bonds, public official bonds, judicial bonds, and fiduciary bonds. Under the scope of commercial surety bonds these four subcategories all serve the same purpose. The purpose of commercial surety bond is to guarantee the future action or compliance by a given party. In the case of surety bonds the party for which is bound to complete a future action or maintain future compliance may be considered the principal. The principal must seek out a commercial institution licensed in the state of South Carolina to provide commercial surety bonds. This licensed institution is known as the surety. The surety places financial security, surety bond, in order to guarantee that the principal will faithfully carry out their future action, and comply with the regulations set forth in obtaining the surety bond. The final party to a commercial surety bond is the obligee. The obligee is the party in a surety bond whom is protected from loss and is guaranteed future action or compliance. In simple terms the principal is obligated to faithfully comply and follow through with all future actions designated by the obligee, and guaranteed by the surety. South Carolina Surety Bail BondsmanIn the scope of bail bonds commercial surety bonds may be further broken down, and explained as pertaining to the judicial community. Bail bonds are utilized to guarantee the future action of court appearance by guaranteeing defendant appearance through a monetary obligation to the court of competent jurisdiction. A defendant is a person accused of committing a crime pending the outcome of a trial. In terms of commercial surety bonds the defendant may be considered the principal, or the party to the contract whom wishes to assume a surety bond. A defendant may wish to assume a surety bond in order to gain their release from custody pending trial. A defendant may seek a bail bondsman in an effort to gain release pending trial. In terms of a commercial surety bond the bail bondsman may be considered the surety. The surety guarantees a monetary sum to the court of competent jurisdiction in order to ensure the future court appearance of the principal (defendant). Due to the court receiving the guarantee of court appearance they may be considered the obligee, or the party to the contract whom is guaranteed action and protected monetarily from future loss.
Three parties to a surety bail bond contract: Principal=Defendant Surety= Bail Bondsman Obligee= Court of competent jurisdiction South Carolina Bail Agents Academy Donald F. Mescia III 843-851-2245 dmbail@outlook.com A major key to success can be found in the process of education and experience. It takes both components to be successful in life’s pursuits, and as a result we must continue to learn from one another in order to strengthen as a whole. I have grown up in the bail bond industry, and have been a practicing bail bondsman since 2011. Through my time as a bail bondsman I have also had the opportunity to graduate Cum Laude from the University of South Carolina Beaufort (B.A. Sociology) and graduate High Distinction from Liberty University (M.S. Criminal Justice/Public Administration). The education and experience I have gained led me in the pursuit of forming South Carolina Bail Agents Academy. This academy has been formed to provide the South Carolina required 30hr pre-licensing bail bond education. The goal of South Carolina Bail Agents Academy is to provide prospective bail bondsman in South Carolina the educational, and practical experience necessary to advance the bail bond industry for the future to come.
The bail bond industry has recently become a major topic of concern throughout the judicial community on a national scale. These concerns have had little impact on our industry in the state of South Carolina until recent when the MacArthur foundation awarded Charleston County significant funds for criminal justice reform. This criminal justice reform is significantly aimed at jail population by implementing government run pretrial release services. These changes are due to take place in early 2017. This is a program that will have a detrimental effect on the bail bond industry we all rely on to provide for our families. It is essential for all bondsman in the state of South Carolina to unite in the fight to maintain our industry for the future to come. South Carolina Bail Agents Academy was formed to ensure a successful future for our industry! In response to the criminal justice trends in our industry it has never been more important for all South Carolina Bail Agents to stick together for the betterment and future success of our industry. South Carolina Bail Agents Academy looks to have a strong relationship with the South Carolina Bail Agents Association and all members. In working to promote the continued success of this association in the battle to maintain and progress the bail bond industry for our future; South Carolina Bail Agents Academy will donate 10% of each class registration fee to the South Carolina Bail Agents Association if mentioned at the time of registration. The unification and support of all bail agents will ensure that the South Carolina bail bond industry will be successful for generations to come! South Carolina Bail Agents Academy Donald F. Mescia III, President. “Turning bail bond theory into practice across the state of South Carolina” www.facebook.com/scbailacademy dmbail@outlook.com 843-542-2600 Step 1
Take the state mandated 30hr professional bail bondsman, surety bail bondsman, and runner course: Step 2 Register for the state mandated InsSC-BB16: SC Professional Bail Bondsman/Runner
Step 3 Self-study or register for the Property, Casualty, Surety & Marine Insurance Producer course *If self-study materials have been purchased, returning to live instruction course will be the difference in course prices. That's our risk free guarantee, you will never pay more than our live instruction course price! Step 4 Register for the state mandated InsSC-PCSM04: SC Producer Property, Casualty, Surety & Marine Insurance
Step 5 Register for fingerprinting:
Step 6 Have a passport size photograph taken:
Step 7 Apply for your South Carolina Property, Casualty, Surety & Marine Insurance Producer license:
Step 8 Once you receive your Insurance Producer license you may apply for your surety bondsman license.
Step 9 Wait on the SCDOI to process your application, you will receive confirmation of your acceptance or denial to the email address you have provided! Additional Info: *Professional Bondsman and Runners may skip step 3 & 4 **Take the guesswork out of the application process and book a one-on-one consultation: 4 Types of Bail Bondsman in South Carolina
A South Carolina bail bondsman is a designated agent licensed by the South Carolina Department of Insurance whom pledges consideration to the state of South Carolina in order to ensure the successful completion of a criminal defendants appearance to all court dates required by the court of competent jurisdiction pending the resolution of a criminal accusation. The state of South Carolina designates four types of bail bondsman as outlined in Chapter 38 Subsection 53 of the South Carolina Code of Laws. These types of bondsman will be listed as follows:
In response to a recent and continuing topic of “no money bail” and the Department of Justices new social justice system to limit pre-trial bail, I ask WHY? The DOJ wants to put an end to pre-trial bail. The current White House administration has been embracing the get soft on crime hug a thug mentality. The amendment referenced to accomplish this travesty is the 14th amendment.
The 14th amendment is for equal protection! Does equal protection only apply to a person accused of violating a law and committing a crime? What about the victim? The person who endures a violent or real or personal property crime. The 14th amendment requires states guarantee the same rights, privileges and protections to all citizens. Equal protection of the law is the right of all persons to have the same access to the law and courts and to be treated equally by the law and courts. Do we really believe that law enforcement officers make arrests based on income? I would hope not, the same way I would hope that law enforcement in the future would not have to. The US census states that the current population is 324,443,202, which BJS states that 0.91% of the adult population is incarcerated. This is the percentage of people that the DOJ under the equal protection clause is focusing on as the court refused to extend to welfare, housing or education to all citizens. The current administration is more focused on incarcerated defendants who have violated the law. The other 99.09 % of law-abiding citizens are being excluded under equal protection. BJS has admitted that the jail incarceration levels have been declining each year since 2007. The no money bail is the latest step by the Obama administration in encouraging the state courts to move away from bail. We have a system of bail for a reason. It is part of the 8th amendment of the US constitution, which requires that bail shall not be “excessive “ (higher than is reasonable to assure the defendants appearance). Bail is not meant, as a form of release alone the main objective of bail is to guarantee the state that the defendant will be present for all future court appearances and the court of jurisdiction will be able to try the defendant bringing fourth a disposition and allowing the victim of the crime closure. Without requiring a defendant to post bail there is less incentive to show up for a court date. Then we have overwhelming amounts of bench warrants which law enforcement will never have the time to clear up. The current bail system allows for cash bail, accommodation bail, percentage bail, property bail, personal promise to appear or commercial surety. The latest commercial surety also known as bail bondsman or bail agents have consistently out performed all other forms of release, this form of release has no tax consequence to the taxpayer and puts all financial responsibility on them. The new idea to sell on the 99.09% of law-abiding citizens is a taxpayer program called pretrial services. This program is to do a scientific evaluation on each defendant that is incarcerated. The system scores each defendant and then recommends to the court (judge) already paid a super visional advisement and conditions to be imposed to reach a disposition of a court case. The taxpayer funds this program with no financial burden falling back on the PTR representative. The victim pays for the release of the defendant who broke the law against them. The constitution? What about 1987 when the Supreme Court held that the only limitation imposed in the bail clause is that “ the government’s proposed condition of release not be excessive.” This is a constitutional argument (ADDITIONAL LAW SUITS) By the public defenders office for defendants being released through these programs with ankle monitoring, drug tests or other programs. The referenced requirements of GPS, drug/alcohol testing, and various programs required pre conviction for accused defendants (a possible violation of constitutional rights) prior to sentencing. This is the plan to benefit these defendants at taxpayer expense? In addition to pre conviction requirements possibly being unconstitutional for the punishment of defendants prior to conviction, these supervision methods often place a greater financial burden on both the public and low income defendant than posting bail. The 6th amendment states in all criminal prosecutions the accused shall enjoy: Speedy trial, information on nature and cause of accusation, be confronted with the witness against them, process for obtaining witness in favor of them and has assistance of council for defense. Earnings and assets by each state limit the applying for and defense by the public defenders office. Why is this? Barry J. Pollack, president of the National Association of Defense lawyers applauds the efforts of the DOJ and current administration for no cash bail requirement. I wonder if he would applaud the same for the no cash lawyers required for the financially secure defendant. The 9th amendment was set up to keep government from expanding power. The fact that the expansion of power is for such a low percent of US citizens leaves the question of WHY? The role of government is better served to look into rehabilitative treatment based programs for those post-conviction defendants whom are found guilty of the accused offense. Post-conviction programs uphold an individual’s constitutional right as not being punished prior to conviction, while alleviating the monetary burden from the taxpayer for pretrial service programs. The bail process may not be perfect but it is not to blame. The courts must take a more active role in moving cases and prosecuting defendants in a timely manner. The court after conviction may require a program to benefit the defendant if the defendant truly embraces it. The addict may then get help for the addiction opposed to incarceration. Health professionals in secured facilities should treat the mentally ill. The violent offender should be locked away in a correctional facility. Monetary bail is not the problem merely the tool that assists in guaranteeing this result the most effective way. Don Mescia The criminal justice community typically recognizes a bail bond as a means for releasing a defendant from custody pre-trial. This assumption is correct in that a byproduct of posting bail is that the defendant is released from custody. However, the bail is posted for an entirely different purpose. In its simplest form a bail agent will act as surety in behalf of the defendant for a 10% premium based on the aggregate amount of bail set by a magistrate judge. Most people believe the bail agent is paid simply to gain the release of a loved one from custody. This could not be further from the truth. Bail is posted in order to secure the appearance of the defendant at future dates as required by the court of competent jurisdiction. Bail is accepted by the state as a financial risk pledged by the bail agent ensuring the defendant appears at each court date required until disposition. For example, a magistrate judge deems a $10,000 bond necessary to ensure the appearance at future court dates for a defendant. Should the surety deem the defendant desirable risk they may post bail for this individual. The bail agent would typically charge $1,000 premium, and require a family member to sign indemnification paperwork to guarantee the defendants appearance. The surety would then post a bail bond with the court of competent jurisdiction; in turn securing the release of the defendant pre-trial. Now that the defendant has been released the bail bond agent is financially responsible for the defendants competent fulfillment of the contract (appearance at all required court dates). If the defendant fails to appear in court the bail bond agent now has two options.
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AuthorDonald F. Mescia III Archives
May 2024
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