Bail, Innocence and Public Safety Durham Community Forum 7-9 p.m., April 24, 2007 Rogers-Herr Middle School Agenda Welcome Jan Richmond, President, League of Women Voters of Orange-Durham- Chatham Counties Introductions Magistrate Chet Dobies Bondsmen Tony Woods, Omar Beasley Pre-trial services Gudrun Parmer District Judge Elaine Bushfan Superior Court Judge Orlando Hudson Prosecutor Mike Nifong Public Defender Lawrence Campbell Moderator John Stephens Presentation of two scenarios representing the process from arrest to bail Scenario One, A common example: a) Panelists re-enact what happens when and how b) Audience response: what is the right amount of bail? c) Question and answer Scenario Two: An accused person, out on bail, is arrested again for another crime a) Panelists re-enact what happens and how b) Audience response: what is the right amount of bail? c) Question and answer General forum: questions from the audience Moderator: Sylvia Kerckhoff 1. Please keep questions brief 2. Specific cases cannot be discussed for privacy protection Remarks from panelists: What bail can and cannot do related to public safety Summary Ralph Wikstrom, League of Women Voters Closing Jan Richmond This forum is sponsored by the League of Women Voters of Orange, Durham and Chatham Counties with a grant from LWV of NC. Video and audio are made possible by a grant from the Durham Bail Bond Alliance. The Forum will be rebroadcast on Time Warner Channel 8 on April 30 at 3 pm, and May 5 and 12 at 7:30 pm. It will also be available at www.lwvodc.org.
Glossary U.S. Constitution. Amendment VIII: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Bail - money or other form of security given to gain a person's release from custody. A bail bond is one form of security Bond - a monetary guarantee for the court that you will appear each and every time you are ordered to do so while your case is pending. In North Carolina there are several types of bond. A secured bond may be satisfied with cash, property, or by a bondsman. o A cash bond requires that the full bond amount be surrendered to the court in cash and it can be posted by anyone. (If you are arrested on charges of drug trafficking, you must prove that your bond money is coming from non-drug revenue sources before it will be accepted by the court.) The court will retain this money until your criminal case is concluded at which time it will be returned to you. The full bond amount will be forfeited to the court if you fail to appear for your trial. o A property bond is one that posts the value of real estate in order to obtain pre-trial release from jail. You will not be permitted to put up your own property and if a warranty deed or tax statement indicates that there is more than one owner, each owner must sign an agreement declaring that the property may be used to finance your bond. o A surety bond is, in essence, a contract with a bondsman for the total amount of your bond. A surety bond is usually written for a 15% premium of the full bond amount and the premium will not be returned to you. An unsecured bond is a promise to appear in court when necessary and to comply with any set conditions. If you should fail to appear in court or violate any of the conditions of you release, you would be liable for a money judgment in the full amount of the bond. A written promise (sometimes known as a release on your own recognizance) is a signed promise to appear in court when scheduled and to comply with any set conditions of release. A custody release is a court order declaring that a defendant may only be released into the care and supervision of a named responsible person. The most common use of this release involves the parent of a juvenile defendant. Not all people charged with crimes are entitled to bond. If you are charged with murder, you will not have a bond. If you are arrested for domestic violence you will not have a bond set until you see a district court judge or have been in jail for 48-hours. Continuance - the postponement of an action pending in court to another date. Defendant - a person accused of a crime or a person being sued in a civil action. First Appearance - the first time a person comes to respond to criminal charges. Indictment - a formal written accusation charging one or more people with a felony. It is submitted to a grand jury by the prosecuting attorney. Probable cause for arrest a fair probability that a crime was committed and a fair probability that the suspect committed that crime. Warrant - Court authorization, most often for law enforcement officers to conduct a search or make an arrest. Page 2
PRE-TRIAL SERVICES BONDSMAAN MAGISTRATE FACILITATOR Participants Biographies John Stephens coordinates the public dispute resolution program at the School of Government, UNC-Chapel Hill. Since 1996, he has worked on education, land use, and the environmental issues. John specializes in citizen participation, consensus-building and the use of mediation and facilitation on contentious public issues. He has a Ph.D. from George Mason University's Institute for Conflict Analysis and Resolution. Chet Dobies retired from the USMC in1973 and was a Law Enforcement Officer from 1974-1993. He has an Associate Degree in Criminal Justice (1977) from Piedmont Community College and has been a magistrate since 1995. He is married and has three children, three grand-children, one great grand child all are my favorites. Tony Woods has been a bail bondsman for 27 years and is the owner-operator of Lanning & Woods Bail Bonds, Inc. The co-creator of the North Carolina Bail Agents Association and a charter member of the Durham Bail Bond Alliance, he is currently president of both organizations. Omar Beasley, a principle of MC and Omar Bail Bonds, has been a licensed bondsman in NC for 14 years. Originally from San Diego, CA, he is a graduate of North Carolina Central University and has lived in Durham for 17 years. Gudrun Parmer holds a degree in Social Work from a German university, as well as Master s Degrees in Management and in Human Resources Development from Webster University. She has been the Director of the Durham County Criminal Justice Resource Center (CJRC) since January 1998. Responsibilities of the office The UNC-Chapel Hill School of Government (SOG) is a local government training, advisory, and research organization which offers up to 200 classes, seminars, schools, and specialized conferences for more than 12,000 public officials each year. SOG consults, teaches and writes for N.C. court officials in a non-partisan and nonadvocacy manner. Magistrates have jurisdiction in both criminal and civil cases. If you are arrested, the magistrate reviews the charges and complaints by law enforcement officers or citizens. If the magistrate determines probable cause exists for the charge, you will be advised of a date you must appear in court. The court will set conditions for your release and consider whether or not to release you on bond, and the type of bond to be set. To be licensed in NC, a bail bondsman must be at least 18, a resident of North Carolina, never have been convicted of a felony or any crime involving moral turpitude and cannot be employed by law enforcement or the courts. A bondsman offers a surety bond as an alternative to posting a secured or property bond. Through Court Services and Pretrial Services, the Department supplies a vast amount of information to judges, district attorneys and defense attorneys, as well as individuals in the adult criminal court system and their families. The information assists the Court in determining an offender s risk level, and facilitates referrals and orders to appropriate services and programs. Page 3
DISTRICT COURT JUDGE SUPERIOR COURT JUDGE The Honorable Elaine M. Bushfan, a native of Durham, graduated from North Carolina Central University with an AB in 1984, and a JD degree in 1991. She has served as District Court Judge for the 14th Judicial District since 1994 and in September 2002 was appointed Chief District Court Judge. She is a certified Juvenile Judge and is currently being trained as a Family Court Judge. She is the presiding Judge in Family Drug Treatment Court. She is married to Joseph Bushfan and has three children. Judge Orlando Hudson, Senior Resident Superior Court Judge for the Fourteenth Judicial District, received his undergraduate and law degrees from the University of North Carolina at Chapel Hill. Prior to his service on the Superior Court bench, Judge Hudson was a District Court Judge for five years, served as an Assistant District Attorney in Durham, served as an Assistant Public Defender in Fayetteville, and practiced law with a private law firm. In criminal cases the District Judge, elected for a four year term, conducts preliminary hearings to inform the defendant of the charges, determines the need for court-appointed counsel and makes that appointment where necessary and finds probable cause to bind the case over to Superior Court. Superior Court judges are elected by districts, which comprise a division within which the judges rotate for six months terms. Superior Court judges try all felonies which require a jury trial, as well as felonies and misdemeanors appealed from the District Court. PROSECUTOR PUBLIC DEFENDER Mike Nifong is a 1971 graduate of the University of North Carolina at Chapel Hill and a 1978 graduate of the UNC School of Law. He was an assistant District Attorney in Durham from 1978 until his appointment as District Attorney in April, 2005. He was elected to a four-year term as District Attorney in November, 2006. He lives with his wife and son and dog Tillie in a quiet neighborhood in northern Durham County. An adult daughter, Sarah, lives in Charlotte. Lawrence M. Campbell has been the Public Defender for Durham County since April 2006. He has an AB degree from Duke University and received his JD from North Carolina Central University School of Law. Lawrence began his legal career as an Assistant District Attorney under the Honorable Ronald L. Stephens and then entered private practice. He was hired as an Assistant Public Defender in March 1998. Lawrence is a member of St. Titus Episcopal Church and has two daughters. Elected to a four year term, the District Attorney prosecutes all criminal cases filed in the Superior and District courts. He controls the scheduling of cases and decides whether to accept a guilty plea for a lesser offense. The Public Defender is appointed for a fouryear term by the Senior Resident Superior Court Judge. The Public Defender and his office of full time, state-paid attorneys represent indigent defendants in criminal cases, ranging from DWI. to First Degree Murder. In fiscal 2006 the Durham Public Defender Office represented 9, 657 clients. Page 4
SCENARIO #1 Arrest information Name: Current Charge: John Doe Armed Robbery; arrested on a warrant Prior Record: Misdemeanor drug charges; property crimes, charged as felonies but plead to misdemeanors; on probation for breaking and entering Pending Charges: None What is an appropriate amount for bail? First bond possible amounts: $15,000 $35,000 $75,000 $100,000 No bail. Durham Jail statistics: calendar year 2006 Average Daily Population 568 Actual Inmates Booked into Facility 12,561 Page 5
Determining bond amounts Bond amounts can range $0.00 to millions, determined by the Magistrate or Judge considering the level of the crime whether it is a misdemeanor or a felony and whether it was a property or violent offense. Key factors and questions Defendant s background, community ties, court/criminal history, propensity for violence, threat to the community and probability of returning to court. What is known about the victims? Are they children, or elderly, or impaired, or custodial, or from same household members, or are they strangers? Is there personal injury or property damage resulting from the offense? Have any of the stolen items been recovered? Is the defendant on probation, parole or released on bond for other offenses? Gathering the facts, making a decision All these facts and others must be considered by the magistrate before setting conditions of release. This information should be provided by the investigating and arresting officers. When the information is not provided, or is incomplete, the magistrate must conduct his/her own search from available NC State data files. Magistrates do not have access to National Criminal Information Center files. When this information is available, a magistrate can make a reasoned and lawful decision regarding threat to the community and possible appearance at future court hearings. Prepared by: Chet Dobies, Chief Magistrate, Durham County Page 6
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Bail Bondsman Questions and Answers WHAT IS A BAIL BONDSMAN? He is a private business man who is licensed by the NC Department of Insurance for the purpose of posting bail for individuals in jail. WHAT DOES HE DO? The bail bondsman posts the bail bond which releases the individual from custody and guarantees the State by pleading to pay full face value of the bail bond if he or she misses court and si not returned to custody within 150 days. HOW IS HE PAID? The bail bondsman is paid a regulated fee not to exceed 15% maximum by the individual in custody or someone on his behalf. DO I GET MY MONEY BACK? You do not get the bond fee back. The only monies returned is collateral when required by the bondsman in certain cases. IS HE A BOUNTY HUNTER? No. The State of North Carolina does not recognize bounty hunters. All bail bondsman licensed in this state must arrest their own clients. HOW DOES A BAIL BONDSMAN AFFECT THE COURT SYSTEM? The bail bondsman is the only part of the criminal justice system involved from the point of arrest until the case is disposed of. Regardless of the length of time it takes, the bail bondsman not only gets a person out of jail but must keep up with each and every court date in both District and Superior Courts. The bail bondsman must make sure his client makes each court appearance. The bail bondsman must make sure he knows where his client lives at all times. The bail bondsman must locate his client if a court date is missed. The bail bondsman will help his client to obtain a new court date if an honest mistake is made. The Bail bondsman must track the client down if he of she has missed court on purpose and attempts to elude capture. The bail bondsman state-wide has a 97.8% return to custody percentage rate. The bail bondsman pays 100% of the face value of the bail bond if he is not able to locate and return the defendant back to the custody of the courts. All forfeited monies paid by the bail bondsman goes to the county school board general fund. Page 8
SCENARIO #2 NEW OFFENSE ALLEGED WHILE OUT ON BAIL Arrest information Name: John Doe (Same Defendant) Current Charge: Possession with Intent to Distribute Schedule 2 (cocaine) while out on bond. Six rocks of crack cocaine Prior Record: Misdemeanor drug charges; property crimes, charged as felonies but plead to misdemeanors; on probation for breaking and entering. Pending Charges: Armed Robbery (Scenario #1) Second bond possible amounts: $3,000 $5,000 $7,500 $30,000 $80,000 What is an appropriate amount for bail? No bail. Useful websites Durham County Durham Roundtable League of Women Voters of Orange, Durham and Chatham Counties N.C. Magistrate Association NC Office of Indigent Services North Carolina Bail Agents Associations North Carolina Court System Partners Against Crime UNC School of Government District Court 14 http://www.co.durham.nc.us http://durhamroundtable.org/ http://www.lwvodc.org http://www.aoc.state.nc.us/magistrate/ http://www.ncids.org/ http://www.ncbaa.com/index.htm http://www.nccourts.org/ http://durhampolice.com/pac http://www.iog.unc.edu/ http://www.nccourts.org/county/durham/performance/ Page 9
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