Sunday, February 27, 2011

Parental Alienation and Hostile Aggressive Parenting

WRAL Online, Ask Anything with NCBAA President Mark Cartret

WRAL Raleigh
with Mark Cartret, NCBAA

1 How exactly do bail bonds work? – Reba, Raleigh
Bail bonds help to assure a person’s appearance in court. A person who has been arrested for an offense and placed under a “secured bond” may be released from custody by putting up the full amount of the bond in cash, with the signature of a person who has enough property to cover the amount of the bond, or by a bail agent. Bail agents charge a non-refundable fee of up to 15 percent of the amount of the bond. Upon signing the bond, the bail agent becomes responsible for the defendant’s appearance in court and liable for the full amount of the bond. If the defendant appears in court as required and the case is disposed, the bond is void. If the defendant fails to appear in court, the bail agent must return the defendant to the court within 150 days or pay the full amount of the bond. This provides a strong financial incentive for the bail agent to do his or her job.

If a bail agent is forced to forfeit on a bond, the bond amount is paid directly to North Carolina’s free public school system.

Are bail bondsmen allowed to carry a gun? – Jimmy Heidelberg, Spring Lake
Bail agents enjoy rights just like any other private citizen. Bail agents may carry firearms as protection but are held to the same requirements as other private citizens, including training and certification for firearms.

Do bondsmen actually hunt those who have skipped court or has Dog the Bounty Hunter glamorized it? – Terri Jobe, Rocky Mount
Yes, bail agents actually search for those who have skipped court. In addition to N.C. law giving bail agents the authority to arrest, consider the following ruling by the United States Supreme Court that has never been overturned.
UNITED STATES SUPREME COURT (TAYLOR VS. TAINTOR, 16 WALL, 366)
When bail is given, the principal is regarded as delivered to the custody of his sureties. Their dominion is a continuance of the original imprisonment. Whenever they choose to do so, they may seize him and deliver him up in their discharge; and if that cannot be done at once, they may imprison him until it can be done. They may exercise their right in person or by agent. They may pursue him into another state; may arrest him on the Sabbath; and, if necessary, may break and enter his house for that purpose. The seizure is not made by virtue of new process. None is needed. It is likened to the rearrest by the sheriff of an escaping prisoner.

Mark, has there ever been a crime so heinous (and you were convinced the person had committed the crime) that you refused to supply a bond to them in the hopes that they would remain in prison? – Frank, Apex
I am a strong believer in a person’s rights under the law. One of the great foundations of our system of law is the presumption of innocence. I try never to draw any conclusions. However, a bail agent has full discretion on whether he or she decides to sign the bond for any defendant.

If I get one phone call (while in jail), and I call you, what do I need to give you to get out? I assume the jailers take my wallet and credit cards. If I have cash or credit cards, how long does it take to get out? – Kelly Austin, Youngsville
Bail agents have various factors including payment method they consider before signing someone’s bond and evaluate each case individually. Some bail agents require payment before the bond is posted and can process your credit card, other bail agents will allow payment after the bond is posted. A bail agent can sign your bond within a short time after your phone call. How long it takes you to get out depends on the jail administrators, not on the bail agent’s actions.

What qualifications/training do you have to have/receive to become a bondsman? – Lacey Bond, Lillington
There is a lengthy and detailed process for how one pursues a career in the bail bonding industry. Details and information about these steps can be found by visiting the North Carolina Bail Agents Association’s Web site at www.ncbaa.com/getlicensed.html.

What are the ranges of bonds written in Wake County from small to large? What is the largest bond Mark has personally written? – Bill Boyd, Cary
Bonds in North Carolina can range from less than $100 to in the millions of dollars. While I have never written a bond in Wake County, I personally have never written a bond beyond $500,000 on a single defendant.

What is the short answer for how bail bondsmen earn their income? I enjoy shows such as "Dog the Bounty Hunter," however it would appear that there is more liability than income. – Tammy Tutor, Fuquay-Varina
The short answer is simply: hard work! The bail industry is not a get rich quick industry, but a person can do well over time. Yes, the liability is always more than the income and that liability sometimes greatly impacts the income in a negative way if the defendant can not be located and the bond is forfeited.

Do you believe that a bondsman should be able to surrender a defendant for non payment then be able to turn around and bond the person out again the same charge they were surrendered on? And do you think it is a good idea for legislators to pass a law stating the same bail agency who surrenders a defendant should not be able to bond that person out again for at least 48 hours if they turned them in for non payment? – Joseph Payne, Durham
Any business expects to be paid for its services and usually provides contracts for payments. Withdrawal of services by a business because of nonpayment is not the fault of the business but the person who requested the service and failed to pay for the service according to the contract. A person’s lights and water may be turned off but turned on again upon proper payment. A car may be repossessed only to be returned to the person upon proper payment. So it is the same with bail bonds.

I am not aware of the need for such a law at this time.

Do many people jump bail? How does that affect you? – Teresa Bonlak, Raleigh
There are cases of people jumping bail. Usually 10 percent of the bail bonds that are written must be pursued due to the defendant failing to appear for his or her court date. However, bail agents, having the authority of arrest for those persons for whom they have posted bond, have a reputation for finding their man. It is generally accepted that bail agents arrest and surrender 98 percent of those persons who fail to appear in court. Many people who would not have gone to court do go because they are on a bond with a bail agent

Misinformation in the press, "Outside Agents Face Charges..."

Misinformation in the press, "Outside Agents Face Charges..."
by Mark Cartret Chairman and Past President of NCBAA via Columbus Bail on Wednesday, November 24, 2010 at 12:21pm
 
Dear Ms. Lewis:
I now turn to the State of South Carolina in addressing Mr. Seawright's comments regarding "arrests by outside bail agents." For your review, please find the January 9, 2008 opinion by the SC Attorney General regarding same.Once again, I have included the recent NC opinion as well.It now appearing that both States' attorneys do not support the opinion of either State's Department of Insurance, I appreciate you agreeing to rewrite the article "Outside bail agents face charges if (they) try to make arrest in S.C."
You see, such misinformation challenging the rights of a surety effecting an arrest, could lead to disastrous consequences otherwise.



Kindest regards,
Mark Cartret, President
NCBAA
www.ncbaa.com

SC Attorney General Opinion
NC Attorney General Opinion 


www.scattorneygeneral.org
www.scattorneygeneral.org



Outside bail agents face charges if try to make arrest in S.C.
  • August 20th, 2009 5:04 pm ET
  • By Kimathi Lewis, Columbia Crime Examiner








If a bail agent from another state tries to make an arrest in South Carolina, they may face stiff penalties although there is no written law to stop them.

“We are not going to allow anyone to come here and arrest someone,” says Willie Seawright with the state’s Department of Insurance in Columbia. “If we find out, we will take action.

“We run a tight ship in South Carolina,” says Seawright who is over the department that regulates professional and surety bail agents as well as runners. “If you are not fully informed, you cross state lines and you may be looking at kidnapping charges.”

 But bail agents have a different view. Bottom line – there is no law to stop agents from coming in to South Carolina to make an arrest.

“South Carolina does not have a law that says an agent from another state cannot arrest a client here,” says Mike Curley, president of state’s Bail Agents Association.

It’s an unwritten rule, Seawright says. But it’s in accordance with the state laws, he says.
No one can act as a bail agent in South Carolina without being licensed and one requirement is that the person has to be a resident, according to the state’s Code of Laws 38-53-90.

“You may present this to these agents, but you can’t make them follow the rules,” Seawright says.

Still, South Carolina is not the only state that has these rules. North Carolina has taken a similar stance.

 “Even if they are licensed in another state, they must be licensed here to act as a bail bondsman,” says Kristin Milam, spokeswoman for the North Carolina Department of Insurance. “It is a misdemeanor so we can arrest them. Our investigation’s division can arrest some body who is acting as a bail bondsman without a license and actually we have made those kinds of arrests in the past.”

Curley says he isn’t aware of any such law in North Carolina.

 “We go there all the time” Curley says. “I’ve never had any trouble in North Carolina.”

Mark Cartret, president of the North Carolina Bail Agents Association, says a properly licensed surety from another state may come in his state and arrest their “skip” at any time.

“Whomever said outside agents cannot come into North Carolina and arrest their skip is factually wrong,” says Carteret, who has been licensed as a bail agent for 15 years. “Out of mere reciprocity alone, licensed bondsmen and their agents operate here all of the time, apprehending skips.
 “I have been to more than half a dozen states to apprehend skips and never had any problem. I have also did pick-ups in Canada and Mexico, working with the proper authorities of course.”

At question is the interpretation of the U.S. Supreme Court  ruling Taylor vs. Taintor which says bail agents can pursue their clients into another state.

“They may exercise their right in person or by agent. They may pursue him into another state; may arrest him on the Sabbath; and if necessary, may break and enter his house for that purpose,” according to the 1872 ruling, which has not been overturned.

“Everyone has changed their laws to make sure their citizens are protected,” Seawright says. “A lot of bail bondsmen may use the Supreme Court ruling to their advantage to get their clients, but you have to look at the laws of each state. In some states you can’t perform the duty of bail bondsman or runner.”

This has been a hot topic many times says Linda Braswell with the Professional Bail Agents of the U.S. – the only national association for bail agents.

“The uniform extradition code gives you the right to pursue a defendant, but it doesn’t give you the right to cross state lines if it goes against that state’s version,” Braswell said.

An estimated 14,000 commercial bail agents nationwide secure the release of more than 2 million defendants annually, according to Bureau of Justice Statistics Special Report. Four states do not allow commercial bail including Illinois, Kentucky, Oregon and Wisconsin.

 “Some states are doing nothing but creating a haven for people to run to,” Curley said. “If you don’t let a bondsman come in and get the people they are looking for, that’s what you’re creating.”

The regulators say the agents have to go through law enforcement and they will make the arrest, although it’s not written in the law.

“Let me know when that happens,” Curley said. “Law enforcement is not going to help you unless the person is in the NCIC.”

And mainly felonies are entered into the national crime database for offenders, officials say.
Seawright says if bail agents fail to contact the local law enforcement and have them make the arrest, the insurance department’s legal office will write up the violation and forward it to the Attorney General’s office.

So far the state hasn’t had any reports of a violation.

Officials with the Attorney General’ office in both states says the issue lies with the regulators.

States such as Georgia has it in their law that bail agents have to contact the local law enforcement before making an arrest.

In Georgia, bail agents are regulated by law enforcement.

“They must go through the sheriff’s department,” says Fulton County Sheriff’s Sgt. Gerald Johnson. “They just can’t come into our state and start taking people. That doesn’t happen. They can go to jail for that.”

Johnson said the agents can be charged with kidnapping, false imprisonment and other violations based on what happens at the scene.

Frank Richardson, a bail agent in South Carolina, says to be safe he always contact law enforcement before entering that state to make an arrest.

Still to wait on an officer to arrest a runaway client is not prudent, he says.

“Sometimes you can’t even get the police in your city to assist you to pick your person up,” Richardson said. “A lot of times they won’t do it.”

Credit Bonds Not a Priority for Agents...

Credit Bonds Not a Priority for Agents...
by Mark Cartret, Chairman and Past President NCBAA via Columbus Bail on Tuesday, November 23, 2010 at 8:46pm
 
Because my association represents the state's bail agents, I felt inclined to respond to the Associated Press story ("Bail bond financing worries lawmen, " Dec. 26) that ran in your newspaper.
The story gave the impression that bail agents across the nation, including North Carolina, promote and encourage defendants to pursue credit bonds.
This is not true. It is true that credit bonds have been a part of our industry and have been beneficial in reducing jail overcrowding, but they're not a mechanism bail agents use as the primary way to do business.
In reality, credit bonds add an additional measure of work for bail agents when it comes to collections.
Bail agents and the bail bonding industry have an overall goal to ensure defendants appear in court. Regardless of the premium they might pay on the bond, if they don't show up for court, the community suffers and bail agents are forced to forfeit the bond.
The North Carolina Bail Agents Association represents a dedicated industry of agents held to strict guidelines by the state. We take our responsibilities to the courts and the communities we serve seriously and work to produce defendants so taxpayers save money.
Mark Cartret
Raleigh
The writer, president of the N.C. Bail Agents Association, is an avid advocate for the private sector working with the Judiciary in an effort to alleviate overcrowding. His family, a longtime member of the bail / pretrial community joined the profession in 1971.

Unsecured and Property Bonds Deprive Kids..

Unsecured and Property Bonds Deprive Kids..
by Mark Cartret, Chairman and Past President, NCBAA via Columbus Bail on Monday, November 22, 2010 at 10:54pm
 
The NC School Board Association recently reported that millions of dollars in uncollected property bonds are adding up. Unsecured and Property bonds are for the most part not worth the paper they are written on. A bond that is not backed by a bail agent often means that the Sheriff will not have extra assistance should the defendant skip out on a court date. Subsequently, if the defendant is not found and surrendered, the school kids are denied the money that a bail agent would have otherwise paid.

The Salisbury Post-Mark Cartret, More Info on Bail Bondsmen...

The Salisbury Post-Mark Cartret

by Mark Cartret, Chairman and Past President, NCBAA via Columbus Bail on Wednesday, November 24, 2010 at 11:33am
Thursday (6-10-2010)


Published Wednesday, June 09, 2010 11:00 PM

More information on bail bondsmen
We appreciate your newspaper highlighting the private bail industry in the June 8 articles "Hunters of men — Bail bondsmen know how to track 'em down" and "Here's how being bail bondsman works." As president of the North Carolina Bail Agents Association, there are a few comments about the private bail industry that I'd like to add.
In addition to the two bail agents you highlighted in these stories, there are more than 1,200 hardworking men and women who comprise the private bail industry in North Carolina. Every day these men and women work tirelessly to reduce jail overcrowding and bring defendants back to court, which helps ensure that our state's court system runs smoothly and efficiently. The efforts of these bail agents to return defendants for court saves our state's taxpayers $2 billion or more each year.
The private bail industry is successful at bringing defendants to court because private bail agents are financially tied to the bonds that they issue. We have personal and financial incentives to keep track of the defendants that we monitor. And we do all of this work at no added cost to the state's taxpayers.
In addition, if a bond is forfeited the forfeited bond amount is, by law, given to the North Carolina public school system.
Mark Cartret
Raleigh
Cartret is the president of the North Carolina Bail Agents Association and an avid advocate for Private Bail. His family entered the bail / pretrial industry in 1971.

A Job Well Done?...

A Job well Done?
by Mark Cartret, NCBAA Chairman and Past President via Columbus Bail on Tuesday, November 23, 2010 at 8:04pm
         The NCBAA under my watch, got more bills signed into law than it did at any other time since its inception. We hired the first African American staff member, increasing our lobbying team to 3 seasoned consultants. For the first time the NCBAA and the School Board Association came together in a joint effort to fix the "infamous bond c" law. This law was previously reported to have been the single most import issue harming bail agents statewide. Tougher restrictions were placed on those entering the industry while for the first time NCBAA's treasurer reported that it had more money than ever in the general fund. Upon the forwarding of uncollected, unsecured and property bond information from my district of 13A, the School Board Association acknowledged such was a statewide problem and agreed to assist in seeking a study bill that would determine the exact losses of unsecured and property bonds. I remember thinking that the economy had certainly made some strange bedfellows; the NCBAA and the SBA. While taxpayer-funded pretrial release continues to be a problem which I believe could be handled by establishing specific policies that enforce oversight and accountability; such programs are only in 37 counties. Unsecured and property bonds are in all 100 counties.Throughout the course of the last 2 years, the NCBAA accomplished more than it had at any other time since 1992.
After serving most of my tenure on the executive committee which included 2 terms as vice president and subsequently as president and chairman, I consider it a great honor and privilege to serve on such a fine and outstanding board.
 In conclusion and in the long term, the problem of market saturation persists. Such is clearly being aggravated by an ever increasing presence of insurance companies that blatantly and aggressively demand their share. As the pie shrinks, the unlimited supply of agents increase.This one single most important factor alone stands to kill the industry.  Insurance companies have created an "us or them" situation, pitting agents against agents. While market shares continue to shrink, fingers are pointed in all directions; all directions except the insurance companies.