Morgan County Judges Explain How Bonds Are Set

June 22—With some residents puzzled by bonds ranging from $30,000 for murder to more than $1 million for drug trafficking, Morgan County judges spoke with The Decatur Daily to explain the sometimes challenging process of balance a defendant’s constitutional rights with the safety of the community.

“I think it’s a mistake for the public to take sides,” Circuit Judge Jennifer Howell said. “It’s our job not to take sides. At the same time that we balance the safety of the community, we are also balancing that person’s right, constitutionally, to have a bond.

Alabama courts generally follow the bail schedule established by the Alabama Supreme Court and published in Rule 7.2 of the Alabama Rules of Criminal Procedure. The schedule sets a recommended range for bail amounts based on the severity of the offense.

For example, the recommended minimum bond for homicide is $15,000, with the maximum recommended as “no bond allowed.”

The recommended minimum bail for drug trafficking is US$5,000, with the maximum recommended bail being US$1.5 million.

The recommended minimum bond for all misdemeanor offenses is $300, with the maximum for a Class A misdemeanor recommended at $6,000.

Most of the time, according to Howell, judges don’t even set bail. When a police officer takes a defendant to jail, the officer then appears before a magistrate to provide a sworn statement – ​​the officer’s account of the crime – and obtain an arrest warrant.

“As long as they set the minimum (bail), they don’t have to go through the judge’s office,” Howell explained.

From there, a copy of the warrant and affidavit is sent to Circuit Clerk Chris Priest’s office, the documents are entered into the computer system, and the defendant is assigned a case number. Howell said sometimes defendants post bail before their paperwork even makes it to court.

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Officer contribution

“If a person is arrested and maybe the police officer knows that person’s story, maybe they know that they’re already out on bail, maybe it’s just a particularly bad set of facts – whatever the reason – a police officer can call us and say: ‘ Hey, judge, let me tell you why I think a minimum bond is not appropriate. And then we can configure it.”

For example, Howell said he recently set bail at $100,000 for a man accused of drug trafficking because he was already out on bail for a drug offense.

Some weeks, Howell receives no requests to increase a defendant’s bail; other weeks, she might receive six or more.

“I would definitely say that happens especially if it’s just a bunch of drugs, or a really bad set of facts, or some place where the police keep arresting this person,” she said.

If a defendant is arrested on the street, their case goes to district court first.

“Between the time of arrest and 30 days, they have the right to request a preliminary hearing,” said Morgan County District Judge Shelly Waters. “They can also ask for a title reduction at that time. If they ask for a bond reduction, I usually send Community Corrections to do a pretrial release assessment that just gives me some basic information.

“If he’s 30 years old and this is his first offense, or if he’s been offending since he was 18, you know, that shows a pattern and a practice sometimes.”

Waters said sometimes the district attorney will agree to an OR (own bond) bond for a defendant, which means the defendant will not have to pay any fees to be released from jail, but will have to report to pretrial supervision by through Community Corrections.

“As long as they do what they’re supposed to do, they’re good to go,” Waters said. “Pass every alcohol or drug test they ask for. Don’t get any new charges. Basically, just be a good person.”

Thereafter, defendants will remain free on bond until, or if, they are indicted by a grand jury. Typically, they will simply remain out on the same bond after arraignment, according to Waters.

Sometimes a defendant’s case goes straight to a grand jury, and they are not arrested until the indictment is filed. In these scenarios, the case bypasses the district court and goes straight to the district court.

Waters said he sometimes grants OR bonds, especially for misdemeanors and especially if the defendant has been in jail for a week or two.

“People have the right to bail before they are sentenced,” she said. “And the purpose of the bond is to ensure your presence in court and protect the public, not to be punitive. That would be strictly against the Constitution.”

There are a few different ways to post bail: being released on bail, paying cash, setting up a title to your property, or paying a bondsman. Bail bonds services typically require the defendant to pay 10 to 15% of the total bail amount, and unlike paying cash, the defendant will not get that money back.

To create a property title, the property must be located in Alabama and all owners must sign it, according to Waters.

“Sometimes I think titles – if you have money – make things easier, of course,” she said. “Sometimes it’s harder for someone to get $500 than it is for someone (another person) to get $10,000. I think a title is necessary, just because they have something at stake to lose.”

There are safeguards designed to prevent indigent defendants from sitting in prison for too long.

“The law says if there’s a person who’s been in jail for more than 90 days, then I need to see them,” Howell said. “Every day my assistant reviews that arrest list, seeing if someone has reached 90 days, or is close to 90 days. go ahead and look for them, find a lawyer, schedule a bail hearing, see if there are any conditions other than paying money or something.

“Technically, we shouldn’t keep them in prison if the only reason they’re there is because they can’t pay.”

Before 2022, Alabama judges could only deny bail to defendants charged with capital murder. After the passage of Aniah’s Law, judges can now deny bail for some other Class A felonies, such as first-degree rape or robbery, terrorism, and aggravated child abuse.

Howell said that when a police officer arrests someone for an offense under Aniah’s Law, he has no discretion to set bail: the defendant is automatically booked into jail without bail.

“When this happens, we are immediately notified of the arrest,” she said. “We have to see them, I think, within 72 hours.”

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‘Balanced and equal’

Judges can and do deviate from the bail schedule. Howell said she “absolutely” sets high bonds, if requested, for defendants charged with drug crimes involving fentanyl. She also convicted them of property crimes and domestic violence.

“I can’t tell you how many people I know, just because of this work, who have overdosed and died from smoking something they thought was something else,” she said. “It was just laced with fentanyl.”

Howell said fentanyl is virtually “in every drug” now, and because it poses a great danger to the community, fentanyl offenses require high bonds.

Waters, who also presides over juvenile court, has seen the harmful effects of fentanyl. She told the story of two 17-year-old defendants she had sent to rehab. They had been smoking marijuana for a year.

“They came home clean and went back to their friends,” she said. “They were in Delano Park and they bought it from the same person they were buying it from. One of them got something with fentanyl in it. The problem is, you can buy it from me, but you have no idea who I’m buying it from. You can trust me with your life, but you have no idea who I bought it from before.

Waters said the drug has a wide-reaching impact that goes beyond those who use it. For example, there is a higher level of domestic violence and theft associated with its use, as addicts will do anything to get a fix.

“I think because of the severity, the long-lasting consequences, the amount of people it affects and can reach — I think the titers, especially for fentanyl and methamphetamine, are higher than normal,” she said.

Howell said he can’t think of any case in which he refused to increase a defendant’s bail if requested by authorities.

“If they’re asking, there’s a reason for it and let’s increase that bond,” she said. “As much as anyone, we want to keep our community safe. If there isn’t a higher bond, it’s because no one asked for it.”

While bail is not supposed to be punitive, Howell said being out on bail can have punitive effects in the real world.

“You have your money tied up and you’ll never get it back with a cosigner, or maybe you have your property tied up because you filed a property bond,” she said. “You know, sometimes you can’t get a job while you’re out on bail; you might lose your job because you got arrested.”

Howell said he reviews comments when local law enforcement agencies post arrests on Facebook.

“It’s always filled with comments like, ‘He shouldn’t even be bonded,’” she said. “It’s hard to understand for the average person who doesn’t deal with this every day, but if it were you or me and we were accused of something we didn’t do and we didn’t have the opportunity to be released, then it takes away the right to be free. innocent until proven guilty.

“I think a general misunderstanding among the public is that when a person is arrested, we can simply say, ‘That looks really bad – you don’t get bail.’ It’s simply not the case. The rules exist and we have to follow them.”

Waters said she understands that if she were the victim, she would likely feel the same way as those Facebook users who are not demanding bail. However, she also understands that the defendant’s family feels otherwise.

“I tell people all the time: There are great people sitting in church and there are people sitting there waiting to find prey,” she said. “There are some horrible people in that prison, but there are some good people in that prison who made a decision in 30 seconds, and it cost them their freedom, their family, their job and their money.”

Waters said “the entire process of the law” is about making sure everything is balanced and equal.

“So you can’t punish a defendant who hasn’t been convicted of anything without due process,” she said. “And I think sometimes that gets lost sight of — he or she hurt someone. And I understand that as a mother and a citizen. But as a judge, you have to look at it impartially and on an equal footing.”

– david.gambino@decaturdaily.com or 256-340-2438.