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The problem with a fine for failure to appear is that you have to find the person to make them pay. The assumption being that if you're skipping out on a court

The problem with a fine for failure to appear is that you have to find the person to make them pay. The assumption being that if you're skipping out on a court case you're probably doing so with the intention of never attending, and a fine they can't enforce isn't going to make a difference. The logic behind bail is simple, you either show up to court or lose money that you cannot afford to lose. The incentives make sense at first glance.

kasey_junk 8y ago
The incentives for prosecutors though are off. They use high bail to leverage plea bargains & are judged on how well they accomplish that. Objective, non cash based determination of pretrial risk makes way more sense when judged through that lens.
- Ntrails 8y ago
  Completely agree, the article makes a nice coherent argument for why it's actually created a horrific situation for those near the poverty line.
- fastball 8y ago
  Bail bondsmen?
  - deelowe 8y ago
    I don't think people realize that when you pay a bondsman, you don't get that money back. Basically, you pay a bondsman to post bail for you. The bondsman then assumes the flight risk. Assuming you don't skip out of town, the bondsman gets to keep the money. Additionally, most jurisdictions don't allow you to post your own bail until certain conditions are met, but a bondsman can post bail immediately. This results in most people who are arrested having to pay a bondsman unless they are ok with sitting in jail a couple of days. I found myself in this exact situation when a clerical error caused my license to be suspended. I had to pay $700 just so I could go to work the next day. I never got that money back despite all charges being dropped. If I hadn't have had the $700 to pay the bondsman, I would have been stuck sitting in jail until I could have met with the right person (prosecutor?). This was going to take at a minimum, 2 days. Imagine being poor and in this situation.
    - dvtrn 8y ago
      Similar situation where having $25 saved my butt from having to sit in jail three states away from where I lived after a petty drug possession arrest (a little baggie of cannabis fell out of my glove compartment while scrounging for an insurance card). It's a pretty long story, but ultimately I paid the last $25 I had in my pocket to a clerk, and was released upon my own recognizance (Personal Recognizance). Ultimately ended up with community service; the case itself was rather interesting because the amount of product in my possession was so low the lab had trouble even verifying there was anything there. Officially charged with possessing 0.02g. You read that right. Less than a 10th of a gram. For that and a couple of other reasons, I got pretty lucky getting out of there the way I did, and getting back home.
      - logfromblammo 8y ago
        Keep your registration and insurance card in the door pocket or clipped to your sun shade, and keep your glove box locked while driving. If you must transport contraband, keep it in a closed, opaque container without identifying markings on the outside. If you have current insurance, but can't find your proof of insurance card during the stop, just say loudly and clearly that you're insured with [YOUR INSURER], take the ticket, and mail a copy of your insurance information to the prosecutor afterward. If the prosecutor won't drop the charge, plead not guilty and request discovery for the squad car camera recording and all the information the cop had available about you or your vehicle from their in-car computer at the time of the stop. In all likelihood, the cop's in-car computer already showed whether you were truthful about being insured or not, and they just continue to demand paperwork because it's an easy way to issue tickets that usually don't get contested. It's a money game, and it encourages the justice system to prey on those who can least afford to fight back.
    - Broken_Hippo 8y ago
      It can go even further than that: In some areas, the courts can require you to use a bondsman. You simply cannot pay it yourself. You either pay the bondsman or you sit in jail. There is no other choice.

kasey_junk 8y ago

The incentives for prosecutors though are off. They use high bail to leverage plea bargains & are judged on how well they accomplish that. Objective, non cash based determination of pretrial risk makes way more sense when judged through that lens.

Ntrails 8y ago
Completely agree, the article makes a nice coherent argument for why it's actually created a horrific situation for those near the poverty line.
fastball 8y ago
Bail bondsmen?
- deelowe 8y ago
  I don't think people realize that when you pay a bondsman, you don't get that money back. Basically, you pay a bondsman to post bail for you. The bondsman then assumes the flight risk. Assuming you don't skip out of town, the bondsman gets to keep the money. Additionally, most jurisdictions don't allow you to post your own bail until certain conditions are met, but a bondsman can post bail immediately. This results in most people who are arrested having to pay a bondsman unless they are ok with sitting in jail a couple of days. I found myself in this exact situation when a clerical error caused my license to be suspended. I had to pay $700 just so I could go to work the next day. I never got that money back despite all charges being dropped. If I hadn't have had the $700 to pay the bondsman, I would have been stuck sitting in jail until I could have met with the right person (prosecutor?). This was going to take at a minimum, 2 days. Imagine being poor and in this situation.
  - dvtrn 8y ago
    Similar situation where having $25 saved my butt from having to sit in jail three states away from where I lived after a petty drug possession arrest (a little baggie of cannabis fell out of my glove compartment while scrounging for an insurance card). It's a pretty long story, but ultimately I paid the last $25 I had in my pocket to a clerk, and was released upon my own recognizance (Personal Recognizance). Ultimately ended up with community service; the case itself was rather interesting because the amount of product in my possession was so low the lab had trouble even verifying there was anything there. Officially charged with possessing 0.02g. You read that right. Less than a 10th of a gram. For that and a couple of other reasons, I got pretty lucky getting out of there the way I did, and getting back home.
    - logfromblammo 8y ago
      Keep your registration and insurance card in the door pocket or clipped to your sun shade, and keep your glove box locked while driving. If you must transport contraband, keep it in a closed, opaque container without identifying markings on the outside. If you have current insurance, but can't find your proof of insurance card during the stop, just say loudly and clearly that you're insured with [YOUR INSURER], take the ticket, and mail a copy of your insurance information to the prosecutor afterward. If the prosecutor won't drop the charge, plead not guilty and request discovery for the squad car camera recording and all the information the cop had available about you or your vehicle from their in-car computer at the time of the stop. In all likelihood, the cop's in-car computer already showed whether you were truthful about being insured or not, and they just continue to demand paperwork because it's an easy way to issue tickets that usually don't get contested. It's a money game, and it encourages the justice system to prey on those who can least afford to fight back.
  - Broken_Hippo 8y ago
    It can go even further than that: In some areas, the courts can require you to use a bondsman. You simply cannot pay it yourself. You either pay the bondsman or you sit in jail. There is no other choice.