http://www.ktvb.com/news/politics/Bondsmen-work-to-eliminate-credit-bail-119029144.html
NAMPA -- Some bondsmen and lawmakers want to change the bail bond laws in the state, specifically something called "credit bail."
"Over the years, things have changed and the industry has grown, and we've found that a lot of credit has been given," said Staci Freeman-Madron, owner of Staci's Bail Bonds.
Freeman-Madron has been in the business for 21 years. But the recent increase in the amount of credit bail has her troubled. Credit bail is where the bondsman negotiates the bond fee below the traditional 10%, and acts as a creditor by financing a payment plan for the bond.
"The defendants, basically, are getting out, without any money, or very little down, or a co-signer," said Freeman-Madron. "So we felt, at this point, it's time that we bring a little bit of legislation to try to regulate that."
Freeman-Madron and the Professional Bail Agents of Idaho are pushing legislation to put an end to credit bail. They say most defendants can't make the payments, and then wind up back in jail, facing a new lawsuit from the agent that provided the credit bail.
"They'll do anything to get out of jail," said Freeman-Madron. "So, they don't realize that... especially in this economy today, a lot of people don't have jobs, they don't have money. They can't make these payments. This has also flooded our court system in small claims, by other bail agencies trying to sue them in small claims, and retrieve money."
Senate Bill 1119 would require bail agents to provide proof that they've been paid 10% of the bond, or provided collateral, before the defendant is released.
That bill is in the Judiciary and Rules Committee right now, but it appears that it has stalled.
KTVB Channel 7 news Attorney Generals office March 30, 2011
BOISE -- The man accused of murdering an attorney in a Meridian Walgreens parking lot is out of jail.
Robert Hall was being held on a charge of first degree murder but posted bond Tuesday night.
Hall is accused of killing Emmett Corrigan during a confrontation in a Walgreens parking lot on March 11, 2011.
Earlier this month, when Robert Hall was arraigned, the judge ordered him to be held without bond. Being held without bond means a suspect has to stay in jail until the trial is over.
On Monday, when Hall was scheduled to have his preliminary hearing, his public defender Edward Odessey, asked that the judge rehear the argument regarding his bond.
The judge in the initial arraignment was not the same judge that heard the argument of bond. The reason for the change in judge is because the initial judge is gone on spring break.
As part of that argument, Hall's attorney provided letters to the court from friends and acquaintances vouching for Hall's character. Hall even had a letter of support from Meridian's Deputy Fire Chief.
“He describes him in professional terms, and also temperamentally that he's a very good person," said Odessey.
Deputy Attorney General Melissa Moody argued that the charge is serious and the penalty of life in prison is also serious, giving Hall a reason to leave the area.
"The letters that have been written on the defendant's behalf, do speak of an individual who's never known to show violence or irrational character, and in light of the state's evidence that has been presented for probable cause, an individual is dead at his hands," said Moody.
After several minutes of argument, the judge decided to set bond at $1 million.
Hall posted that bond Tuesday night, leaving neighbors concerned, and the victim's brother very upset.
"I am completely outraged. This is unbelievable. Here we have a man who murdered and tried to commit suicide out on bail less than three weeks after the incident took place," said Jason Blackwell, the victim's stepbrother. "I don't understand how a suicidal murderer can be bailed out of jail. I don't know how this is possible."
The case was originally handled by the Ada County Prosecutor's Office, but has since been handed over to the Attorney General's Office due to a conflict of interest. Details on what that "conflict of interest" is are not being released, but Hall was employed by the Ada County Sheriff's Office to give technical support.
Former Idaho Attorney General David Leroy says it is unusual for someone charged with first degree murder to be granted bond. A law passed in recent years gave the judge that option.
"We have a right to bail under the Idaho constitution, and certain procedural rules and certain statutes set that, but in a capital case, a murder one case, traditionally we have not had a right to bail until a legislature changed the rules in 2009."
"I do not ever recall in 40 years hearing someone set a million dollar bail and having them make that bail,” said Leroy. “Generally speaking it's presumed that people don't, won't and can't make million dollar bails."
Leroy also said the judge who granted the bail was only resolving the question, "Is this person likely to make appearances?"
"In that regard, letters of character, owning a home, never having a prior criminal record, all of those things tend to suggest that someone would appear and would make all of their subsequent appearances even at trial in first degree murder," said Leroy. "So those character references are useful. The fact that he had full time employment, whether it's at the sheriff's office or someplace else, is useful. But the question the judge resolved, in favor of setting a high bail, was, he is likely to appear especially if somebody on his behalf, or he, puts up a million dollars."
An Ada County Spokesperson said that Hall used Aladdin Bail Bonds to post bail. According to Aladdin’s website, companies like Aladdin charge a fee of 10 percent of the bond. In this case that’s $100,000. That money is not refundable. We contacted Aladdin, but they would not comment on this or any other client.
Court documents show that Hall did not have a lot of assets. It's unknown how much cash Hall personally had to come up with yesterday, but he will have to pay 100-thousand dollars to the bond company eventually. Regardless of the outcome in his case, he will not get that money back.
The judge who set bond at one million dollars did not include any stipulations. But since Hall's release, the Attorney General's Office filed a motion Wednesday morning asking that the court place three conditions on Hall's bond.
Those conditions are, first that he have no contact with his wife and the victim's wife. Second that he surrenders his passport, if he has one, and third that he remain in Ada County. As for any other conditions, such as carrying a weapon, that is not part of the motion.
KTVB will continue to follow this story. Check back with KTVB.COM for updates and reaction from neighbors of Hall who have learned he bonded out of jail.