Do Charitable Bail Funds Even Understand What Surety Bonds Are?
Why is the Bail Project Against Surety Bonds…Maybe They Don’t Understand Them
Over the past several months, charitable bail funds and bail reform advocates have been inundating the media with articles and research that show that financially secured release through a surety bond is ineffective. In fact, they even go on to say that their method of releasing people (with full cash…or as they call it, money bail) with no personal accountability has better results than pretrial release with a surety bond through a licensed bail bond agent. They even have a research study that they paid for and that they conducted that says so.
If you really think about it, that would really be an amazing discovery, if it were actually true. If that were true, why would we need surety bonds at all? And I am not just talking about bail bonds in the criminal justice system; I am talking about the thousands upon thousands of other types of surety bonds that exist in the everyday world. Surety bonds that are used for building things. Surety bonds that are used for licensing things. Surety bonds that are used in financial transactions. This includes court bonds, appeal bonds, fiduciary bonds, fidelity bonds, license bonds, construction bonds, bid bonds, performance bonds, contractor bonds, freight broker bonds, payment bonds, supply bonds, maintenance bonds, and so on and so on. Our economy moves forward efficiently and responsibly because of the use of these unique and effective financially secured three-party contracts. When people have money on the line, they will act responsibly and be accountable for their actions. Surety bonds facilitate and support that type of accountable behavior in all aspects of our society. From building a skyscraper downtown to building a subdivision in your neighborhood to licensing the local car dealership, surety bonds are a proven, effective financial instrument that ensures that the activities are completed according to the law and underlying contract obligations. And that same type of integrity and responsibility translates into the criminal justice system through the use of financially secured surety bail bonds. This is an absolute fact, regardless of what research and study the Bail Project paid for, conducted, and is trying to sell us.
So the next time the Bail Project is standing in front of a legislative committee or a group of county commissioners telling them that financially secured surety bonds are ineffective, remind them that the meeting room that they are testifying in was built by a contractor who was required by the state to not only have a license bond for their profession, but also have a surety bond in order to win the job and guarantee that they will complete the structure to the standards set by the contract. Maybe then they might realize that their arguments against bail agents and secured bonds are not based in reality and are even more ridiculous than most people think.