Lawsuits seek to abolish country’s bail bond system

SAN FRANCISCO (AP) — Crystal Patterson didn’t have the cash or assets to post $150,000 bail and get out of jail after her arrest for assault in October.

So Patterson, 39, promised to pay a bail bonds company $15,000 plus interest to put up the $150,000 bail for her, allowing to go home and care for her invalid grandmother.

The day after her release, the district attorney decided not to pursue charges. But Patterson still owes the bail bonds company. Criminal justice reformers and lawyers at a nonprofit Washington, D.C., legal clinic say that is unconstitutionally unfair.

The lawyers have filed a class action lawsuit on behalf of Patterson, Rianna Buffin and other jail inmates who argue that San Francisco and California’s bail system unconstitutionally treats poor and wealthy suspects differently.

Wealthy suspects can put up their houses or other valuable assets — or simply write a check — to post bail and stay out of jail until their cases are resolved. Poorer suspects aren’t so lucky. Many remain behind bars or pay nonrefundable fees to bail bonds companies.

San Francisco public defender Chesa Boudin says some of his clients who can’t afford to post bail plead guilty to minor charges for crimes they didn’t commit so they can leave jail.

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In this photo taken Wednesday, Dec. 23, 2015, Riana Buffin, 19, poses outside her home in Oakland, C …

Boudin represented Buffin, 19, after her arrest for grand theft in October. Buffin couldn’t afford to post the $30,000 bail or pay a bond company a $3,000 fee and so contemplated pleading guilty in exchange for a quick release from jail even though she says her only crime was being with the “wrong people at the wrong place at the wrong time.”

Fortunately, the district attorney declined to charge Buffin and she was released after being held for three days.

“My family was worried,” said Ruffin, who lost her $10.50 an hour baggage handler job at the Oakland International Airport after her arrest.

The lawsuit filed by the Equal Justice Under Law in San Francisco federal court in October seeks to abolish the cash bail system in the city, state — and the country. It’s the ninth lawsuit the center has filed in seven states.

“The bail system in most states is a two-tiered system,” said center founder Phil Telfeyan. “One for the wealthy and one for everyone else.”

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In this photo taken Wednesday, Dec. 23, 2015, a number of bail bonds offices are seen across from th …

The center has settled four lawsuits, convincing smaller jails in states in the South to do away with cash bail requirements for most charges.

Telfeyan said a win in California could add momentum to the center’s goal to rid the country of the cash bail system, which the lawyers say is used by most county jails in all 50 states. The federal system usually allows non-violent suspects free without bail pending trial and denies bail to serious and violent suspects.

“The country watches what happens in California,” said Telfeyan, a former Department of Justice attorney who founded the Washington organization in 2013 with a partner and the first-ever grant from the Harvard Law School Public Service Venture Fund in 2013.

Telfeyan said it’s not his goal to put out of business the classic neon-advertising bail bonding industry, but conceded the business model would become obsolete if he convinces courts that the cash bail system is unconstitutional.

The industry didn’t acknowledge Telfeyan’s first lawsuits filed earlier this year.

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In this photo taken Wednesday, Dec. 23, 2015, a number of bail bonds offices are seen across from th …

But on Monday, lawyers for the California Bail Agents Association filed court papers seeking to formally oppose the San Francisco lawsuit. The association argues that government lawyers for San Francisco and the state are offering only “tepid” opposition to the California lawsuit.

San Francisco Sheriff Ross Mirkarimi argues that most jail inmates are awaiting resolution of minor, non-violent crimes and that letting them free while awaiting court hearings will save the city millions of dollars. Mirkarimi said non-violent suspects can be monitored electronically and with frequent visits from law enforcement officials to ensure they don’t flee the area and attend all their court hearings.

In January, Telfeyan and his colleagues from Equal Justice Under Law will ask a judge to temporarily suspend San Francisco’s cash bail system until the lawsuit is resolved. Telfeyan said a victory in San Francisco and the elimination of cash bail in the city will most likely lead to the abolition of cash bail in all of the state’s 58 counties.

Maggie Kreins, who is president of bail agents group, the says the longtime system of putting up money or an insurance-backed bail bond is better at getting people to show up in court and it saves the public costs of monitoring defendants or hunting down bail jumpers.

Kreins said that California’s “bail schedule” could be reformed to lower bail amounts for minor crimes, but that scrapping the system completely would be a mistake.

“What is the incentive to go to court if you don’t lose anything for failing to appear?” Kreins said.

Three From the Free Thought Project

Conflict of Interest? The US Navy Has a Base in a Brutal Dictatorship with Ties to ISIS

Why Does the US Navy Have a Base in a Repressive Dictatorship Whose Govt Officials are ISIS Members?

Much has been said about the most notorious dictatorship in the Middle East and close ally of the United States. Saudi Arabia, the number 1 beheader, carries out tasks such as bombing Yemen targets, including hospitals, and helping to stamp out rebellions for neighboring US-allied dictators. In exchange for this thuggery (and the flow of oil), the Saudis receive access to some of the best weapons in the world and guarantees of the monarchy’s continued existence in the face of massive discontent.
This resentment against Western puppets that rule Gulf nations is a contributing factor in the support for terrorism. Saudi Arabia is turning out to be a hotbed of support for ISIS, which also has to do with the fact that the state-sanctioned religious clergy teaches a radical form of Islam known as Wahhabism.
The U.S. government ignores these things, along with atrocious human rights records, when it has a vested interest in the country. Indeed, the U.S. has a particular liking for brutal monarchies with rich oil reserves.
The small country of Bahrain plays an incredibly large role in American military hegemony, hosting the Navy’s Fifth Fleet and Central Command.

Read the rest @ The Free Thought Project  here

Prison Officials Spying on Inmates to Find Net Worth, Suing Anyone Worth Over $10K for Stay in Jail

With the ability to read their mail and record their phone conversations, state prisons have increasingly been filing lawsuits against inmates with over $10,000 in assets. In cases of blatant retaliation, prison officials have also been targeting inmates who won civil suits against the departments for prison beatings and denying medication.
In 1846, Michigan introduced the first correctional fee law authorizing counties to charge prisoners for the cost of medical care. According to a report released earlier this year from the Brennan Center for Justice, at least 35 states are currently authorized to charge inmates for medical treatment. And at least 43 states allow officials to charge prisoners for the cost of their own imprisonment.
While incarcerated on a drug conviction, Johnny Melton received a $31,690 settlement over the wrongful death of his mother. After learning of the settlement, the Illinois Department of Corrections sued Melton and won nearly $20,000 to cover the cost of his “care, custody, treatment or rehabilitation” during his 14 months served at the state’s Logan Correctional Center.
Paroled earlier this year, Melton entered a homeless shelter and went on food stamps before a cousin offered to help him. According to his family, Melton was destitute when he died in June.
“He didn’t have a dime,” one of Melton’s sisters, Denise Melton, told the Chicago Tribune. “We had to scuffle up money to cremate him.”

Read more @  The Free Thought Project here

Isolated Incident? Nine Officers Arrested After They Were Caught Running a Massive Drug Ring

A massive drug ring was recently raided in Florida, in which law enforcement officers were caught smuggling large amounts of opiate medication and meth.

Bradford County, FL – 50 people were arrested this week, in connection with a drug smuggling operation, where prescription opiates were transported into a Florida state prison, with the help of prison employees. In total, nine corrections officers were arrested in the operation, which lasted over 11 months and included multiple other arrests along the way.
The investigation was called “Operation Checkered Flag,” and it began late last year when local police were tipped off about drugs flowing into Bradford County prisons. Back in June, two conspirators that were thought to be at the head of the drug ring were arrested, both of them were corrections officers. Officer Dylan Oral Hilliard of Lawtey and Maj. Charles Gregory “Chicken Hawk” Combs were each arrested in June, but the smuggling operations still continued.
Deeper into the investigation, police discovered that it was a much larger scheme taking place, involving multiple other corrections officers.

Read more @ The Free Thought Project here 

Jury Sends Message to Cops, Go Find REAL CRIMINALS, Acquits Man on Felony Pot Charges

 


Clark County, NV — In an emotional courtroom display Friday, Steven Ficano, 65, embraced his attorney and his wife after the jury read their verdict of “not guilty.”
In 2012, Ficano’s house was raided by heroes protecting the citizens of Nevada from the horrors of marijuana plants. For the next three years, Ficano anxiously lived his life thinking that he could live out the rest of his golden years in a cage for the “crime” of treating his pain with a plant.
However, the three years that passed since his arrest were undoubtedly a benefit for Ficano in this case. The leaps and bounds that have taken place in regards to America’s acceptance of marijuana legalization had a lot to do with the jury’s verdict.
Since he was arrested, Nevada has legalized pot dispensaries.
“We’re not used to treating it as a medicine,” Ficano’s attorney, Dustin Marcello said. “Well, those days are over.”
The irony here is that if Ficano had gotten prescriptions for opioids and wasted away on these highly addictive pain-blockers, the state would have been just fine with it. However, since he chose to use a natural remedy without the horrid side-effects of nausea, vomiting, constipation, physical dependence, tolerance, respiratory depression and death, he was persecuted.

Ficano was found by police to be growing plants at his house for his personal consumption to treat a back injury. The state’s case against him consisted of saying he had too much pot, and they suspected him of selling it.
According to the Nevada Review-Journal:

In closing arguments, prosecutor Lindsey Moors lifted three cardboard boxes packed with marijuana that police confiscated from Ficano. She dropped each box, one-by-one, in front of the jury box.
Moors argued that several signs pointed to Ficano’s intent to sell pot. He had 68 plants, 24 pounds of finished marijuana, a digital scale, more than $51,000 in cash, 26 guns and “not a single pot baked-good located in his home.”

However, the jury was able to see past the attempt to demonize a man who had caused no harm to anyone. Not that having guns and large quantities of marijuana is immoral in any way, but the prosecution’s attempt to sway the jurors into believing Ficano was a criminal for having these things, failed miserably.

Read more @ http://thefreethoughtproject.com/jury-sends-message-cops-find-real-criminals-acquits-man-felony-pot-charges/?utm_source=The+Free+Thought+Project+Weekly+Newsletter&utm_campaign=218b5fa0ab-RSS_FEED_NEWSLETTER12_18_2014&utm_medium=email&utm_term=0_ae40e945ed-218b5fa0ab-211636157