How the Bail Bond process works
Published 9:43 am Monday, November 12, 2018
Part of the process of adjudicating violent crime in Dallas County is the setting of a bond for the accused. Bond amounts vary widely depending on the crime, and opinions are mixed on the bonding process in Dallas County, especially with the high number of murders committed in the area.
Some believe bonds aren’t set high enough for suspects because it gives them a chance to make bail and have an opportunity to commit another crime. Others argue for a fair opportunity for the accused, especially those who may be a first time offender or those with with fewer offenses.
The bond process begins after a person gets arrested by either the Selma Police Department (SPD) or the Dallas County Sherriff’s Office. The process starts in District Court where District Court Judge Bob Armstrong determines the type of bond and the bond amount.
“If the suspect’s a danger or if it’s a case with a gun involved, they call me,” Armstrong said. “I’m the gatekeeper. I set the bond based on the schedule. They ask a lot of times to set the bond hearing within 72 hours of the arrest.”
The three most expensive bonds are capital felony, murder and drug manufacturing and trafficking. According to Armstrong, capital felony charge ranges between $50,000 to no bail. Murder charges range between $15,000 and $150,000. Drug manufacturing and trafficking charges ranges between $5,000 and $1.5 million.
The three least expensive bonds are those set for misdemeanor offenses like speeding and reckless driving, which usually start out at $300. A speeding bond tops out at $500, reckless driving at $1,000.
Dallas County Sherriff-elect Mike Granthum said the high bond amounts are misleading.
“You see all these bonds that are $2 million and $1.7 million, that’s a bunch of baloney,” Granthum said recently while addressing the Selma Rotary Club. “Let me tell you why. That’s grabbing headlines. The Sherriff’s doing it, the DA’s doing it, the police are doing it and the judges are doing it. That $2 million bond don’t mean nothing. You go to any bond company around here and give them $500 monthly payments, you’re okay.”
When asked about how bails work and their role in the process, bail companies in Dallas County and Montgomery declined to comment.
Selma Police Chief Spencer Collier said the SPD have their own way of dealing with bonds.
“We only deal with misdemeanor bonds and we have a standard bond table that is always followed,” Collier said. “All bail bond companies are held to the same standards and requirements.”
Dallas County District Attorney Michael Jackson said his office occasionally gets involved with the process.
“We make recommendations, but it’s up to the judge,” Jackson said. “If it’s a high violent offense like drug trafficking, rape, murder or robbery, we’ll ask for a higher bond to be set.”
Dallas County Probate Judge-elect Jimmy Nunn shares a similar story from his days as the county’s Assistant District Attorney.
“Bonds were always set by the judge,” Nunn said. “The DA always argued against lowering the bond. The DA argued for the bond to remain.”
Armstrong said he has heard the pros and cons for bail bonds but gives both the suspect and victim equal consideration.
“I want to be fair to the suspect, but I’ve got the community on my mind,” Armstrong said. “I’ve got to be fair on both sides. The judge has to be fair to the victim and the community.”
Armstrong has a simple formula for the bond criteria.
“If someone is a flight risk, if I believe someone’s a danger to the community, I look at their prior record and the crime you committed,” Armstrong said. “By your actions if you’ve established yourself a danger to the community, I’ll set your bond up so high that it will be impossible for you to make it.”
Once the case gets to Circuit Court, the Circuit Court Judge has the option to change the bond.
“We’ll look at the evidence and decide to increase or decrease the bond,” Circuit Court Judge Collins Pettaway said. “We’ll revoke a bond if a person gets in trouble again or hanging with someone suspicious.”
“You always try to be innovative to protect the community,” Circuit Court Judge Marvin Wiggins Wiggins said. “Every case is different. You have to look at all of the factors when you consider setting the bond.”
Granthum, who replaces the retired Harris Huffman in January, said there’s a simple solution to keep violent offenders in jail until trial, and not allow them to get out, even when they have very high bonds.
“If the Judge, DA, Sherriff and police want to keep somebody in jail, they should put out a $20,000 cash bond,” Granthum said. “You know why they don’t do it? It’s not a million dollars. That catches your attention. ‘Oh, they’re tough on crime.’ We’re not tough on crime. It used to be you paid a bail bondsman 10 percent of the bond to get out of jail. I know for a fact, a guy with a $1.5 million bond and he got out. He was picked back up for dope the next weekend. He shouldn’t even been out.
“If you want to keep them in jail, put a $10,000 cash bond on them. That means they have to pay $10,000 to get out. But it doesn’t look good. It don’t catch your attention.”
Dallas County Probate Judge Kim Ballard said issues with bonds start in the courtroom.
“It would help if judges imposed stronger sentences,” Ballard said.
A retired Alabama State Trooper, who chose not to be identified for this story, was critical of the judicial process.
“The District Court Judge and Circuit Court Judge both don’t want to put anybody in jail, that’s the problem,” the former officer said.