Here is a link to the press release if you want more information.

As the defendant jumps out of the car my partner and I approach him and immediately slap the cuffs on him. Now we already know the defendant has a warrant and failed to appear in court but he insists that he just appeared and everything had been taken care of. Being the nice guy that I am, I sit him on the curb and listen patiently to his story. He tells that his paperwork is in the house and wants to get it for us. He insists that he went to court. “No, send your Father in”, I tell him. “He won’t be able to find it. I know where it is and he doesn’t.”, he says. We go back and forth for a few minutes and I finally lose my patience and tell him to get up. “You’re going to jail”.I know he didn’t go and I’m not about to let him in the house.

I lift the defendant off the ground and escort him to the car. Once inside, he starts complaining that he needs to use the bathroom and is nearly begging me to let him go back into his house to use the restroom. I’m starting to get suspicious. There are really only two reasons why someone goes to great links to get out of handcuffs. One is so they can fight and run and the other is their hiding something and they want to get rid of it. My instincts and his body language tell me that he has drugs on him. He’s not getting out of these cuffs.

A few minutes into the drive he starts to close his legs really tight and is almost in tears. “I really need to use the restroom or I’m gonna pee my pants”, he tells us. My partner alerts me that he needs gas and suggests that we let him use the bathroom at the gas station. Okay, why not. As I’m walk him to the restroom I remind him that any attempts to fight or escape will result in an immediate taser deployment (I love my taser). He agrees but what he doesn’t realize is that I’m gonna accompany him to the restroom. Once inside I remove the cuffs and stand behind him and warn him not to even sneeze. “Pee”, I tell him. Nothing. “Stage fright?”. “I can’t pee with you standing behind me”, he says. On go the cuffs. “You can pee at the jail”, I respond.

Oddly enough he stops complaining about need to relieve himself. When we arrive at the jail I ask him if he has any dope on him. I already know he does, his body language says it all. He finally admits to holding Meth. I remove it and throw it away, giving him a major break. It’s a felony to bring drugs or alcohol into a jail and San Benito County Jail is famous for jamming people up for it. Not sure why I did it, this guy’s has been a jerk since we arrested him. I guess I just have a soft spot for drug addicts. The booking goes smooth and we go on our way.

Three days later I learn that the defendant called one of our offices and complained about how he was treated. You must be kidding me. I cut this guy a major break and he complains about me. I never get complaints and believe me there have been times that I should have. Not this time, though. Anyway, last week my partner calls me laughing. He tell me that this guy rebailed through us and didn’t go to court again. Unfortunately for me I can’t be there when he arrests him. I beg him to leave any drugs on him but I would be suprised if he makes that mistake again. A couple hours later my partner calls me and tells me that he had the defendant with him and he was holding quite a bit more dope then last time. He left if in his pocket even though he was begging my partner to throw it out. All my partner says to him is “Karma”. Yes, the jail charged him with bringing drugs into a jail and based on this guys past history, he’ll do some serious jail time. I bet we don’t see him again.

I knew it was going to be tough to find him but was confident that he would get picked up by the police. It’s pretty tough to hide from a warrant when you’re living in a car. John was another example of how I get to know someone without actually meeting them. When you’re trying to find someone you spend a great deal of time talking to their friends and family and you inevitably learn a lot about them – their habits, where they hang out and what kind of person they are. I never judge anyone because they have been arrested, I judge them on how they live their life and how they treat the people around them. I learned that John was a decent guy who, like most of us, was struggling with life.

The most recent information told me that John left the San Jose area and went to Richmond to find work. I continued to check in with his friends and family and was hoping that he would either call me or tell someone where he was working. I was just waiting for something to point me in his direction. That never happened and last week I learned that John had been brutally murdered in Berkeley. I can’t go in to too many details about his murder but it touched me and I wonder, if I had worked this case a bit harder would he still be alive?

The definitions below were taken directly from Santa Clara County’s website:

ORP
ORP stands for “Own Recognizance Release Program.” Defendants who are granted an Own Recognizance Release are required to make all scheduled court appearances and to not violate any laws.

SORP
SORP stands for “Supervised Own Recognizance Release Program.” Defendants who are granted a Supervised Own Recognizance Release have been granted a release that is based upon the defendant’s agreement to abide by specific conditions set by the Court. Examples of conditions that might be imposed are; drug treatment and drug testing; psychological counseling; “no contact” orders; domestic violence counseling; and frequent reporting to the Office of Pretrial Services.

There are two factors that need to be considered here. First, when a jail O.R’s a criminal and he fails to appear in court the only agency who cares about this is the agency who gets the warrant for the criminal’s arrest. This may be the original agency that arrested the criminal or the local Sheriff’s office. I can tell you from experience that when a department gets a bench warrant they may visit the criminal’s house once – this is called “due diligence”. I can also tell you that, rarely, will they spend any time hunting for the criminal as they have no financial interest in getting this guy back to court.

On the other hand, if the criminal is bailed out by a bail company, regardless of how he paid for the premium, the bail company has to get him back to court or risk paying off the bond. So, on a $10,000 bond, the criminal is required to pay a 10% premium or $1,000. If they fail to appear in court the bail company is required to pay $10,000 to the court or return the criminal back to jail. This is why bail companies hire bounty hunters; bounty hunters save the bail companies money.

There is an obvious advantage to society to force criminals to use bail companies and NOT an OR program. The writer for the Associated Press should have done a bit more homework on the bail system before writing this article. For the record, I’m not a fan of bail-credit but also I’m less a fan of the OR system.

The Associated Press: Bail bondsmen make it cheaper to get out of jail.

Federal agents raid local bail bonds company