Unified Opposition to Bail Bonds in Wisconsin

One of the many critics of the state budget plan to allow bail bondsmen gives credit to the governor for vetoing the provision while remaining critical for various elements that were able to survive. In the second state budget so far, republican lawmakers have included a measure that would have allowed for bounty hunters to begin operating in the state again. Many have questioned why the republicans are trying to support the bail bonds industry within the state. There were many reasons why democrats in the state had disliked the budget, including the reject of federal funds to expand Medicaid, issues with tax cuts, and expansion of private school voucher systems.

There are many who question the use of bounty hunters and their role within certain states. Some people do not feel comfortable with bounty hunters because they do not have the same training and level of law enforcement respect that is found in professionals such as cops or other related legal professionals. There are those who worry that having bounty hunters could lead to more violence. However, there are many who acknowledge that bounty hunters help to keep clients off of the streets, which can be very helpful in situations where the individual may have a criminal background. They have also done a lot to contribute to the industry itself and help to keep the bail bonds industry afloat sometimes. Ultimately, there are many who suspect that the issue will other be presented again as another legislation or in another upcoming budget.

Understanding Bail Bonds

A bail bond, also known as a surety bond, is defined as a “formal, legally enforceable contract between a first party (the principal or obligor), a second party (the customer or obligee), and a third party (the surety, such as a bank, bonding company, or insurance company) whereby the surety guarantees payment of a specified maximum sum, or to otherwise compensate (indemnify), the obligee against damage or loss caused by the actions (or a failure to perform) of the obligor)." Bail bonds guarantee that the defendant will appear in court every time that he or she is ordered to do so based on requests by the court.

If the defendant doesn’t attend court as requested, then the bond will be forfeited and the defendant will be issued an arrest warrant. The statutes for this vary from state to state, although in most cases the defendant will be subject to apprehension and arrest. The cost for bail bonds tend to vary from state to state and may be based on statutory rates or rates that have been filed by the insurance company that has underwritten the bond. Depending on the defendant’s criminal history (if any), collateral may be needed. A collateral receipt should be provided when the bond is written. The return of the collateral is based on statutes in most states; it should be held in trust for the party that is arranging the bail.

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