“Cashless bail” is one of the most misleading sentences in modern politics. Proponents of reforms came up with it, the media strengthened it and it continued to hold. The reality? What we offer is secured bail – a constitutionally protected, private -financed system that ensures that the defendants appear in court and protect the public, all cost a dime without taxpayers.
Ironically, the term “cashless” can make us sound like the good. We accept all payment forms. We take the financial risk. We are legally liable for the production of defendants in court. We work 24/7 – make payroll administration, pay taxes, free the accused in a responsible manner, and, if necessary, follow fugitives, so that victims are protected and prosecutions make progress. Courts and judges who have still guaranteed bail, know that it works because we have a skin involved.
The example of New Jersey
In 2016, New Jersey approved the Bail Reform Act, whereby the suspect’s right was removed to replace bail and private security bail by a bureaucracy financed by the taxpayer. This is what happened:
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- No right to bail – defendants can now be retained until the process without release.
Bail reform, such as what New Jersey has established, will increase the costs for taxpayers. (Istock)
- Taxpayer – Provinces issue millions annually to operate pretrial programs that have been dealt with by the private sector free of charge.
- Accountability removed – Bonds, reasoned to guarantee the court performances have been expressed.
The results were predictable. Ed Forchion, a marine veteran and himself described “peaceful political pothead”, was held for 447 days on a witness who charges against a Facebook message tampered with violent crime without the possibility of bail. I offered the public prosecutor a secure bond of $ 2 million to secure his release. They couldn’t handle it. Why? Because New Jersey no longer recognizes the right to bail.
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The costs are amazing. In 2016, the New Jersey Association of Counties sued the State because there was no financing in provincial budgets for this huge new mandate. Nowadays, residents continue to pay millions every year for a system that is less responsible and less effective than what it has replaced.
Where it goes
Tennessee is now on the way to follow the path of New Jersey and other states are considering similar changes. Once the proposed right to bail has been removed, it is almost impossible to recover. The shift is always the same: from private responsibility to government costs, from a proven, self -financed system to a precious government program.
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The “Cashless” Myth
Every politician who has registered with “Bail reform” is paid, whether or not they work. They don’t understand what we are doing because they chase a financed story. If the story of tomorrow was ‘reforming the funeral homes’, they would be looking for Funeral Houses with several generation, family businesses with the same zeal.
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The truth is simple: “Cashless bail” is not to make the system fairer. It is about replacing the private industry with government bureaucracy – funded by you, the taxpayer.
A better way forward
President Donald Trump showed leadership on reform after conviction. This is the time to tackle the reform of pretrial justice. The eighth amendment suggests that the suspect has the right to save, and it is time to defend it nationally.
The costs are amazing. In 2016, the New Jersey Association of Counties sued the State because there was no financing in provincial budgets for this huge new mandate.
A balanced approach is possible – one that maintains judicial discretion, protects public safety and ensures that the defendants appear in court without switching the financial burden to taxpayers. Safe bail achieves all this.
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The congress should now act to protect the bail before more states follow the failed example of New Jersey. Without action, the costs for taxpayers will climb, the responsibility will fall and the victims will be left for justice.
We in the private bail industry are ready to collaborate with leaders who understand the crucial role of private companies in the criminal justice system. We are, as I want to say, the “Coalminers of Criminal Law” – the hard, not – glamorous work that keeps the system running, even when the lights are out.
