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Article • July 6, 2016 • from PLN July, 2016
Georgia: Federal Court Finds Bond System Unfair to Indigent Defendants, Enters Injunction by Derek Gilna Maurice Walker, 54, was arrested in the City of Calhoun, Georgia for public intoxication in September 2015, and told that if he posted a $160 bond he could go free until his first court date. …
Article • June 3, 2016 • from PLN June, 2016
Bail Bond Payment Plans Face Scrutiny, Criticism in New Jersey by Joe Watson In May 2014, New Jersey’s State Commission of Investigation (SCI) concluded a “broad-based” probe into the state’s bail bond industry for allowing criminal defendants to get out of jail with lower upfront costs and weekly or monthly …
Article • June 3, 2016 • from PLN June, 2016
Mississippi Town Ordered to Abandon “Secured Bail” Arrest Bond System by Chevon E. Thompson, an unemployed, indigent mother of three, was arrested by Moss Point, Mississippi police for shoplifting, disorderly conduct and resisting arrest. She was told that if she posted a bond of $3,200 for the three charges she …
Article • May 12, 2016
Proposals Aim to End Debtor’s Prison in Pennsylvania by David Reutter Pennsylvania courts are frequently imprisoning people who are unable to pay fines. Proposed rule changes aim to end debtor’s prisons, but the real problem may be a lack of oversight for the local courts that oversee such cases. Ann …
Publication • March 14, 2016
Enforcement of Fines and Fees Letter, USDOJ Civil Rights Division, 2016 U.S. Department of Justice Civil Rights Division Office for Access to Justice Washington, D.C. 20530 March 14, 2016 Dear Colleague: The Department of Justice (“the Department”) is committed to assisting state and local courts in their efforts to ensure …
Publication • February 11, 2016
Filed under: Indigent Defense, Bond Fees
Charging Inmates Perpetuates Mass Incarceration, Brennan Center for Justice, 2015 Charging Inmates Perpetuates Mass Incarceration By Lauren-Brooke Eisen Brennan Center for Justice at New York University School of Law ABOUT THE BRENNAN CENTER FOR JUSTICE The Brennan Center for Justice at NYU School of Law is a nonpartisan law and …
Brief • October 22, 2015
ACLU v. City of Colorado Springs, CO, Settlement and Release Agreement,2016 SETTLEMENT AGREEMENT AN]) RELEASE This Settlement Agreement and Release (the “Agreement”) is made by and among Shawn Hardman, Barry Crews, Danielle Zolna, and Justin Hamilton (collectively “Plaintiffs”), the American Civil Liberties Union Foundation of Colorado (“ACLU”), and the City …
Thompson v. Dekalb County, GA, Settlement, Court Practices Target Poor, 2015 SETTLEMENT AGRJmMENT AND RELEASE OF CLAIMS This Settlement Agreement and Release of Claims (hereinafter "Agreement") is made by and among DEKALB COUNTY, GEORGIA ("DeKalb County"); CHIEF JUDGE NELLY WITHERS, In Her Official Capacity as Chief Judge of the DeKalb …
Brief • September 23, 2014
Filed under: Bond Fees, Bail Bonds
Burks v. Scott County, MS, Complaint, Bail Denial, 2014 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI NORTHERN DIVISION Octavious Burks; Joshua Bassett, on Behalf of Themselves and All Others Similarly Situated, * * * * * * * * * * * * * * …
Article • April 15, 2013 • from PLN April, 2013
Seventh Circuit: Cost Bond Improper Tool to Address Prisoner’s Frivolous Filings by On May 30, 2012, the Seventh Circuit Court of Appeals reversed an Illinois federal district court’s order that imposed a cost bond on an indigent prisoner which the court knew he could not afford, holding that such an …
Article • March 15, 2013
Idaho Supreme Court Denies Bail Bondsmen Damage Claims by Derek Gilna In a recent decision, the Supreme Court of the State of Idaho has ruled against Allied Bail Bonds, Inc., who had appealed a lower state court decision denying it relief for several claims, including the alleged breach of a …
Bailing on Justice: The Dysfunctional System of Using Money to Buy Pretrial Freedom by Tracy Velázquez by Tracy Velázquez, Melissa Neal and Spike Bradford* The practice of requiring someone to pay money to a court in order to remain free while awaiting trial is known as “money bail.” While considerable …
Article • September 15, 2012 • from PLN September, 2012
Bail Bond Companies Profit While Poorest Defendants Remain in Jail by David Reutter by David M. Reutter As America’s prison population has swelled over the past three decades to become the largest per capita in the world, the number of special interests that feed off the so-called prison industrial complex …
Idaho Court Of Appeals: Indigent Prisoners Not Required To Post Bond by Matthew Clarke By Matt Clarke The Idaho Court of Appeals has ruled that an indigent prisoner’s legal action cannot be dismissed for failure to post the bond required by I.C. § 6-610 of persons filing suit against a …
Article • May 15, 2011 • from PLN May, 2011
Study Highlights the Burden of Fees, Debt Collection on Criminal Defendants by Derek Gilna In an October 2010 report examining the fifteen states that have the highest prison populations, the Brennan Center for Justice found that the practices of imposing new “user fees” on criminal defendants, raising the amounts of …
Article • December 15, 2010 • from PLN December, 2010
Filed under: Money/Property, Bond Fees
Massachusetts Clerk Magistrates and Assistants Pocket Millions in After-Hours Fees by Matthew Clarke by Matt Clarke In 2009, 191 of 210 clerk magistrates and assistants in Massachusetts padded their incomes by pocketing over $2.5 million in after-hours bail fees. Clerk magistrates and assistants are paid salaries ranging from $84,000 to …
Louisiana Judge, Attorneys Plead Guilty to Bribery Charges by Michael Brodheim In October 2009, following plea negotiations with federal prosecutors, a Louisiana judge and two lawyers pleaded guilty for their roles in a bail bond-rigging conspiracy that allowed about 100 prisoners over a five-year period to get out of jail …
Article • January 15, 2009 • from PLN January, 2009
PR Bonds Plummet in Harris County, Texas as Jail Overflows by Gary Hunter PR Bonds Plummet in Harris County, Texas as Jail Overflows by Gary Hunter Republican judges elected on promises to be tough on crime and the absence of federal oversight have been cited as two reasons why Houston, …
Making the Bad Guy Pay: The Growing Use of Cost Shifting as an Economic Sanction by Kirsten D. Levingston by Kirsten D. Levingston1 "At some point, we have to be able to say to people who have been incarcerated, and served time on probation or parole upon release, you have …
Article • May 15, 2007
Iowa Cost Bond Rule Unconstitutional When Applied To Post-Conviction Petitions by By Bob Williams An Iowa federal district court has ruled that a state rule of civil procedure, which requires posting a cost bond before suits will be heard when there has been three or more unsuccessful suits in the …
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