The Professional Bondsmen of Texas- Blog

Over the last few years, reformers have been advocating that changes should be made to the Criminal Justice System on the grounds that bail was not needed; that defendants would go to court anyway.  During the COVID-19 pandemic, many of these policies were used and gave us a preview of what the bail reform movement would look like if the policies were retained after the pandemic.   Jeff Reisig is the Independent District Attorney for Yolo County in California.  Mr. Reisig released two reports looking at recidivism (new crime) rates of defendants released on zero bail in Yolo County.  The first report was issued in August 2022 and found that over 70% of the individuals released on zero bail committed new crimes within 18 months of release. One of the criticisms to this report was that there was no control group of individuals released on surety bail to give any kind of comparison. Therefore, in February 2023, an updated analysis was released adding a comparison or control group to see i

Our guest today is the current district clerk of Tarrant County, Texas, Tom Wilder.  Tom took office in 1995 and was re-elected for another 4-year term last November.  He serves on the Tarrant County Information Technology Steering Committee, Justice Executive Planning Committee, Criminal Justice Coordinating Committee, E-Gov Committee, and chairs the Tarrant County Bail Bond Board.   Mr. Wilder sits on the Board of Directors for the District Court Alliance and is a member of the County and District Clerks' Association.  He also is an associate member of the Tarrant County Bar Association and sits on the TVAS (Pro Bono) Committee. Prior to being elected District Clerk, he was the owner of the Wilder Company, a Commercial Real Estate Services firm for 25 years.   In 1987, Tom was appointed by Governor Bill Clements as a board member of the Real Estate Center at Texas A&M, the largest real estate research body in the USA.  He served there for over seven years and was elected chai

Attorney At Law Magazine Article by Ken W. Good  For the past year, veteran court watchers have been eagerly waiting for the other shoe to drop with the second en banc opinion in Daves v. Dallas County pending before the United States Court of Appeals for the Fifth Circuit. In January 2022, the court issued the first en banc opinion, Daves I, which held that both county court judges and district court judges were state actors who could not be sued in federal court pursuant to 42 USC §l983 (which reversed a ruling to the contrary in ODonnell I) regarding possible federal oversight of ongoing criminal cases including setting bail. In an unusual move, the Fifth Circuit remanded the case for the trial court to make certain findings, but retained jurisdiction for final disposition of the case en banc. On March 31, the court issued its second and final en banc decision in Daves II. The ruling was stunning while entirely logical, with its impact certain to reverberate for years. To have a bet

  Criminal operations which are expanding in complexity often enable retail theft in the United States, according to a report released on Thursday by the National Retail Federation. Organized retail crime, defined by the trade association as theft which occurs through high-level coordination for the goal of reselling stolen items, has increasingly plagued retailers as crime rates increase across the nation. The report asserts that criminal networks are shifting from the resale of goods on third-party online sellers and leaning more upon peer-to-peer platforms. “ORC has a parasitic relationship to the economy and society,” the report said, “and its effects extend beyond direct financial costs to the retail industry and the public sector, as ORC presents potential public health and security risks to consumers and communities.” Rather than seeking to acquire luxury goods, crime networks often coordinate their efforts to steal consumer goods which present ease of theft, monetary value, and

On March 31, 2023, the United States Court of Appeals for the Fifth Circuit handed down the long awaited second en banc opinion in Daves v. Dallas County .  The opinon has some strident language.  The court of appeals held that neither Daves v. Dallas County , nor ODonnell v. Harris County should have ever been litigated in federal court.  On this weeks episode of The Bail Post we discuss the new opinion from the Fifth Circuit and address the  potential impact the opinion will have.   Also available on: Apple Podcasts-            CLICK HERE Spotify-                        CLICK HERE Google Podcasts-        CLICK HERE Podcast Index-            CLICK HERE Amazon Music-          CLICK HERE Stitcher-                      CLICK HERE iHeart-                        CLICK HERE TuneIn + Alexa          CLICK HERE Podcast Addict-          CLICK HERE Podchaser-                  CLICK HERE Pocket Casts-              CLICK HERE Deezer-                       CLICK HERE   Listen Notes-             CL

Former attorney John O'Neill speaks out on the Fifth Circuit's  decision in the Daves' case which concludes that ODonnell should never have been file in federal court.  The ODonnell case was the last case Mr. O'Neill tried in his career.  He speaks about how the case came about and how he believes Judge Rosenthal lost her way on the case.  O'Neill also highlights how Harris County was one of the safest of the large counties in the country at the time and is now one of the large counties with the most crime. To see more  CLICK HERE .

  The quarterly newsletter for the Professional Bondsmen of Texas has been released.  Articles include an analysis of the Fifth Circuit's opinion in Daves II released on March 31, 2023.  Also, there are links to articles regarding the Harris County jail and a new study released regarding increasing crime.  There is also a link to the most recent podcast of The Bail Post with Guest The Honorable Judge Ron Rangel from Bexar County. To see more CLICK HERE .

  Welcome to Our New & Renewing Members: The Professional Bondsmen of Texas, an association, was established in 1970 as the Texas Association of Professional Sureties to support and assist bondsmen in the advancement of their business. In 1978, the name was changed to the Professional Bondsmen of Texas. For over thirty years the membership, comprised of men and women in the bail bond business, have worked diligently to protect the eighth amendment and the American Constitution Bail Provisions.  Additionally, the right to a surety bond is the only release mechanism that is constitutionally protected by the Texas Constitution.  This means that while other forms of release can be restricted by the Texas Legislature, the use of surety bonds cannot be prohibited in Texas without a constitutional amendment passed by Texas voters. Join us in welcoming our newest members and renewing members: Javier Morales, Liberty BB, Edinburg Tiffany Johnston, A BB, Gilmer Kathleen Wood, Brazoria Co. BB

On March 8, the Texas Commission on Jail Standards told Harris County Judge Lina Hidalgo and Harris County Sheriff Ed Gonzalez they have 30 days to take appropriate corrective action. "I'm alarmed," said State Senator John Whitmire. "I don't run Harris County, but I do feel a responsibility to sound the alarm that we cannot continue to function with an out of compliance jail." In an only on Fox report last month, two former Harris County Jail employees who quit told us inmates were the ones running the show. Those employees, who asked to be anonymous said, "Drugs are rampant. You'd see gang intimations," and, "there's an expectation you will be welcomed through violence." In a February 16 report, Harris County Jail inmate Kyle French told us he witnessed detention officers doing drugs in the 701 Clinic. To see more CLICK HERE .

I. Introduction In the last few years, there have been proposals for bail reform across the United States.  In some states, when the reform sought at the state legislature did not appear likely, litigation was initiated to attempt to force reforms.  In Texas, litigation was initiated in Harris County entitled ODonnell v. Harris County alleging that misdemeanor bail practices violated procedural due process.  Even though judges normally cannot be sued under 42 USC 1983, the plaintiffs argued that county court judges were acting as county policy makers when they adopted a bail schedule.  The district court agreed and refused to dismiss the case.  Additionally, the trial court denied a motion to dismiss based upon the doctrine of abstention.  Thereafter, the district court held that Harris County's misdemeanor practices violated the constitution and entered a preliminary injunction.  The injunction was reversed.  ( ODonnell I) .  The district court entered a second preliminary injunc

The Honorable Ron Rangel is the sitting judge for the 379th District Court in Bexar County.  He has been served for 15 years.  Join us on this episode of The Bail Post as we learn about Bexar County justice.  Judge Rangel also discusses how COVID impacted the Bexar County Criminal Justice System.  Other issues include implementation of SB6 and bail reform. Also available on: Apple Podcasts-            CLICK HERE Spotify-                        CLICK HERE Google Podcasts-        CLICK HERE Podcast Index-            CLICK HERE Amazon Music-          CLICK HERE Stitcher-                      CLICK HERE iHeart-                        CLICK HERE TuneIn + Alexa          CLICK HERE Podcast Addict-          CLICK HERE Podchaser-                  CLICK HERE Pocket Casts-              CLICK HERE Deezer-                       CLICK HERE   Listen Notes-             CLICK HERE Audible-                     CLICK HERE PlayerFM-                 CLICK HERE Other Episodes of "The Bail Post"-