FTA’s

A moment with bail agent John Milano

A willingness to work hard and serve the public leads to success.

One quality that all thriving bail agents seem to share is a superlative work ethic. Hall-of-Fame bail agent Russell Faibisch is fond of winking at newly licensed bail bond agents and letting them in on the real secret to his success:

“One night I went to the jail. Seven years later I went home.”

Florida bail agent John Milano seems to be cut from the same bolt of cloth. Milano is always working. We spent time recently with Milano at one of his Florida bail offices. Between taking phone calls and meeting with indemnitors, we discussed the myth of poor people languishing in jail and how come you never see pretrial release employees at the jail after 5pm.  After he finished laughing, he also had a few things to say in response to the fabricated claim that bondsman don’t actually locate, apprehend and surrender their bail skips.

“They broke the law and many times they don’t want to face the music.”

Milano works during all hours of the day and night to help people to secure the release of their accused friends and family members. He routinely works with multiple family members in order to post small as well as more lucrative larger bonds.

With the posting of each bail bond he writes, Milano guarantees the State of Florida that his defendants will appear in court. He notifies each client of his or her court date. When a defendant fails to appear in court and absconds, Milano and his staff of licensed bail agents locate, apprehend and surrender the fugitive back to the county jail. On the rare occasions when they fail to accomplish this in a timely manner they pay the state a substantial penalty.

Milano — like all other private bail agents — does not charge the taxpayers anything to perform this invaluable role in our criminal justice system.

A moment with bail agents Kenneth Holmes and Phil Woods

A few (two) good men equals a few hundred fewer fugitives.

The only way that the advocates of publicly funded “free” pretrial release programs can sell their poppycock to rational policymakers is by using a few whopping bold-faced lies, which they repeat over and over to anyone who will listen. Here are a few of their key lies:

  • Bail agents don’t pay when their bond principals remain fugitives;
  • Bail agents don’t have to arrest fugitives (Because after all there are police and active warrants!);
  • There is no difference in court appearance rates between defendants released pretrial on secured bail and those who are released on unsecured bail where no one is financially responsible for the defendant’s appearance.

Each of these statements are false and easily disproved but it’s hard to make their “bail reform” proposals palatable without the use of such deceits. (If they don’t lie, the pretrial release zealots are left with: “Hey, let’s replace a private business that performs effectively with a government agency that doesn’t!”)

I recently had the opportunity to spend time with Tennessee bail agents Kenneth Holmes and Phil Woods. These two young men served honorably together in the United States Marine Corps. After a tour of duty in Afghanistan, they returned home and settled in Knoxville, Tennessee. There they met a bail agent, who had also served in the US Marine Corps. The bail agent gave Kenneth and Phil an opportunity consisting of a few hundred defendant files.

In six months’ time, newly Tennessee licensed bail agents Kenneth Holmes and Phil Woods accomplished the surrender of approximately two hundred fugitives who had missed their court dates. I am proud to work in a profession with fine young men like these. These two United States Marines returned from duty in Afghanistan and now serve the courts of Tennessee by returning fugitives to justice.

The best way to promote any Bail Reform scheme that proposes to eliminate secured accountable bail: Lie and disregard the inconvenient truths.

No rational taxpayer will like the inevitable consequences of releasing all accused criminals on unsecured bail and promises to appear.

New Orleans City Councilman Susan G. Guidry introduced a Municipal Ordinance that would require the jail to release all accused criminals immediately following their booking. For those who must appear before a judge, the proposed ordinance directs the judge to release the accused on his or her own recognizance.

During a September 19, 2016 meeting of the New Orleans City Council Criminal Justice Committee, Municipal Court Judge Paul N. Sens testified and shared some of his experiences as a sitting judge. You can view the entire committee hearing here.

Councilwoman Guidry pretends to be “astounded” that bail bond agents are vehemently opposed to her ordinance. In her mind, large numbers of poor people are forced to languish in jail solely due to their inability to post a bond. Even though everyone accused of a misdemeanor in New Orleans currently sees a judge within 24-hours, Guidry wants accused criminals released immediately on unsecured bonds. Her proposed ordinance includes:

  • “The Court may not place a secured financial condition on a warrant of arrest.”
  • “No defendant may be detained because of failure to abide by a non-financial release condition due to inability to pay.”

Amazingly, this would include defendants with a history of failures to appear.

In an attempt to make her proposals palatable to voters, Councilwoman Guidry falsely claims that this will apply to non-violent misdemeanors only and have no negative impact on public safety or quality of life.  The hearing included this remarkable exchange between Councilwoman Guidry and the Honorable Judge Paul See.

JUDGE SEE: “We do have a large number of failing to appears. . . We have probably in the neighborhood of 40,000. I think the last time I checked we had over 40,000 warrants for people’s arrest for failing to appear in court.”

Councilwoman Guidry doesn’t like this testimony because it conflicts with her unfounded belief that the method of release has no impact on failures to appear in court. She counters with this stumbling attempt to state that secured bail isn’t working:

COUNCILWOMAN GUIDRY: “So obviously the bail doesn’t keep that from happening. The bond does not keep that from happening. You got 40,000 and you know if somebody is gonna not show I would assume they’re not gonna show for whatever they are out once they are out they are not gonna come back whether its that they couldn’t get out until the first hearing so you gave them first hearing and then you gave them a trial date. And they’re not gonna come back for that trial date if that’s who they are or if that’s their circumstance.”

JUDGE SEE: “And really the only difference to that is whether or not a bond company is on the line that they have to pay the court for their failure to appear and they go back and they get that person and bring him to court. That’s the difference.”

COUNCILWOMAN GUIDRY: “And on a municipal charge how often does that happen?”

JUDGE SEE: “Oh, quite a bit actually. When I was in court this morning we had three of them.”

This is honest testimony based upon the honorable judge’s actual courtroom experience. It is not what Councilwoman Guidry wants to hear. It doesn’t fit her false narrative. She goes on to claim that she has “asked for the data” (regarding bondsman writing small bonds and returning their fugitives to municipal court) and claims “We have not been able to get it.”  She follows this with a whopper of a lie:

COUNCILWOMAN GUIDRY: “We’ve just been told by people who practice in the court that as a rule that bondsman won’t write small bonds.”

This is poppycock. Her false statement is immediately challenged by one of her colleagues on the City Council. Does anyone believe for even a second that a City Councilwoman who chairs the Criminal Justice Committee cannot easily obtain the number of secured and unsecured bonds posted in the City of New Orleans Municipal Court? Likewise, the number, and dollar amounts of forfeited secured bonds is a matter of public record maintained by the Clerk of the Court.

Why is it so important for Councilwoman Guidry to pretend that New Orleans bail agents won’t write small bonds? Because no rational person would suggest that it’s better to let all accused criminals out on unsecured promises to appear when the alternative is secured accountable bail that is posted to assure court appearance at no cost to the taxpayers.