Bail Bond Laws Allow Poor To Be Exploited?

Those paragraphs are chock-full of fees: $250 if the defendant misses a weekly check-in; as much as $375 an hour for obscure tasks like bail consulting and research; and unspecified amounts if Mr. Zouvelos, a bail bondsman based in Manhattan, farms out tasks like obtaining court documents or delivering release papers to jail.
Then there are the thousands of dollars that Mr. Zouvelos can charge if he decides to revoke a bond and return a defendant to jail, as he did 89 times during a four-month period last year.
The common perception of how the bail-bond system operates is fairly straightforward: A bondsman bails a defendant out of jail. If that defendant misses a court appearance, the bondsman can “surrender” him — chase him down and haul him back to jail.
The reality is more troubling.
Vague laws and insufficient oversight have allowed some bondsmen in New York to return defendants to jail for questionable or unspecified reasons, and then withhold thousands of dollars to which they may not be entitled, according to lawyers, judges, state regulators and even some bondsmen.
Those cases turn the system on its head: Those who are supposed to give poor defendants a shot at freedom while their cases are pending are instead the ones locking them up and disenfranchising them further.
The laws “are open for exploitation,” said James Carfora, a Long Island-based bail bondsman.
“They need to be more specific,” he said. “If I bail a guy out today and I don’t like him, I can put him back in jail, and it’s O.K. To me, that’s screwed up.”

Complaints against bondsmen have risen in recent years, according to the New York State Insurance Department. Although the allegations may often involve only a thousand dollars, that sum can be the difference between freedom and detention for indigent defendants who make up most of bondsmen’s clientele.

Over a four-year period that ended in mid-July, the department received 227 complaints against 43 bail-bond agents. But those figures may represent only a fraction of the actual grievances: People often do not know when a bondsman is violating their rights or where to file a complaint, experts say.

But the complaints have been alarming enough that the Insurance Department, which licenses bondsmen, is considering implementing new regulations intended to rein in agents who do things like place onerous restrictions on defendants, frequently surrender them, and deduct excessive fees from the cash collateral that clients are supposed to get back.

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