Kentwood District Court Judge William Kelly is one of the people who sets bonds and he explains the art of setting a bond amount.
“The judge takes into account various factors in setting bonds, including the person’s prior record, previous record of appearances or nonappearances in court, history of substance abuse, the seriousness of the offense charged, the person’s mental condition, the person’s employment status, and facts indicating ties to the community” said Kelly, who was first elected to the Kentwood bench in 1978. “All bonds include conditions of not violating any laws, keeping the court notified of the person’s address, showing up on time for court, and not leaving the state of Michigan.”
To ensure the safety of the public and make sure of the defendant’s appearance in court, conditions such as, abstaining from alcohol and drugs, reporting to a monitor, and not contacting the victim can be imposed, Kelly said.
Judges can and do set bonds as low as a couple hundred dollars for low level crimes by first-time offenders, to $1 million for a suspect who is required to have a bond, but has an ugly criminal record and is considered by the judge a potential flight risk or may commit another crime.
On serious offenses such as murder or kidnapping, bond can be denied altogether.
Once the amount has been determined, the judge can set a personal recognizance bond that means the suspect doesn't have to put up any actual money, but if they fail to show for a court appearance or break the conditions of their bond, they can be held responsible for the full amount of the bond.
The judge may also decide to allow a suspect to pay 10 percent of the bond. For example, a person with a $50,000 bond would only have to put up $5,000. But like a recognizance bond, violating the terms would mean the full bond would be applied.
Then there is the cash surety bond, where the defendant is required to put up the full amount, leading many to seek the service of a bond agency.
That's where someone like Nicholas Aboosamra – an agent with All Points Bail Bond Agency along with Michael Slingerland – comes in.
“The Bail Bond system in America is a process we inherited from the British and has changed little in 200 years,” said Aboosamra. “In its original form, a person accused of a crime could be released from the custody of the court by having a family member offer themselves up to serve their sentence if they failed to appear to answer for their alleged crime.”
With cash surety bonds, the bond agent will typically charge 10 percent of the face value in order to post the bond with the court, allowing the defendant to go free, Aboosamra said. So, with a $5,000 bond, the bonding company will charge a non-refundable $500.
The bond agent then become responsible for the defendant and if he or she breaks bond conditions or fails to show for a court date, it's up to the agent to track down the suspect.
The bond agents also provide their services with 10 percent bonds. Here, if a defendant has to come up with $500 on a $5,000 bond, the agent will charge a non-refundable $125 and put up the rest of the case to the court Aboosamara said.
Jails typically have a list of bail bond agencies that can be accessed by defendants or their friends or families.
E-mail Barton Deiters: bdeiters@grpress.com and follow him on Twitter attwitter.com/GRPBarton"
