The Superiority of a Bail Bonds vs. Cash Bail: A Real-Life Example | |
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Hey there, it's Nick, your friendly neighborhood bail agent from A-1 Bail Bonds. Let’s talk about an important topic: the benefits of commercial surety bonds aka “bail bonds” over cash bail. Recently, a hefty $750,000 cash bail was forfeited, and it got me thinking about why posting a bail bond is often the smartest choice to protect large sums of money. | |
A Real-Life Example: Jonaven Perkins-Sinapati’s $750,000 Cash Bail Forfeiture | |
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Let's dive into a recent event that perfectly illustrates the risks of cash bail. On May 13, 2024, the State requested a bench warrant and bail forfeiture for defendant Jonaven Perkins-Sinapati due to his failure to appear in court. The Court continued the hearing to May 20, 2024, giving Perkins-Sinapati a second chance to appear. Unfortunately, on May 20, he again failed to show up. His attorney had no contact with him, resulting in the forfeiture of a staggering $750,000 cash bail. A bench warrant for $1 million was issued and served on May 29th, but only after the federal authorities arrested Perkins-Sinapti on a new federal criminal complaint. | |
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If the name Jonaven Perkins-Sinapati sounds familiar, its because he received a $12.5 million settlement after a Honolulu police chase caused him to crash and suffer a traumatic brain injury. | |
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Fast forward to this month, and $750,000 of Perkins-Sinapati’s $12.5 million settlement has been lost due to his failure to appear in court. It’s uncertain if this cash bail can be petitioned for a refund. Unlike posting a bail bond, there are no clearly defined rules or long-standing surety law precedents for such a refund. Should the court decide to be heavy-handed, especially with several news outlets already attempting to sway public opinion against Perkins-Sinapati for his recent arrest, $750,000 could easily remain lost forever. The Honolulu Star-Advertiser has already published a critical article titled, “City cannot recoup $12.5M from man facing gun, drug charges,” which may ultimately sway the public to pressure the court to recoup $750,000 via cash bail forfeiture. In a roundabout way, some might call that justice. | |
Why Choose a Bail Bond over Cash Bail? | |
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1. Financial Flexibility: When someone posts cash bail, they have to come up with the entire amount upfront. For most people, $750,000 is a massive sum to have readily available. With a bail bond, you only need to pay a small percentage of the total bail amount as a premium. This keeps more money in your pocket to cover other expenses, like legal fees. | |
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Moreover, I have observed that courts often assess substantial fees, sometimes amounting to thousands of dollars, at the conclusion of a case. These fees are deducted directly from the cash bail posted. In contrast, when a bail bond is used, defendants can more easily claim indigency or another special circumstance, which can result in the waiver of such fees and fines. This disparity arises because the court already holds the cash bail and finds it convenient to deduct fees from it. However, when it comes to collecting fees from a defendant who has posted a bond, the additional effort required often discourages the court from pursuing these fines. | |
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Professional Support: As a bail agent, I’m here to guide you through the entire bail process. This means you’re not alone; you have a professional who understands the system and can provide valuable advice and support. When you post cash bail, you’re on your own. The “State of Hawaii runaround” is real, and posting cash bail, even when I do it as an expert, can easily be a half-day ordeal of filling out forms and begging for the mercy of entrenched court clerks. Hope is NOT a game plan, but trust me, you’ll HOPE for the best when trying to navigate the moods and dispositions of the numerous government employees spanning OCCC, the court, and the fiscal office. | |
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3. Established Legal Processes: An advantage for the court and attorneys using a bail bond is the established process for petitioning the court for a bench warrant recall and reinstatement of bail. Will the court entertain the same for a large cash bail forfeiture? It's unclear since overwhelmingly only bail bond companies ask for the setting aside of a bail forfeiture. With a bail bond, there's a defined path to address refund issues, offering more predictability and stability. In addition, bail bonds get a 30 day “good cause” window to show why a forfeiture should be set aside. In the Perkins-Sinapati matter, the $750,000 was forfeited in just 7 days and there’s no statute mandating a hearing within that 30 days for a forfeiture set aside, like there is for a bail bond. | |
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4. Fugitive Recovery Powers: Another advantage of using a bail agent is the ability to exercise fugitive recovery powers. This means we can actively find and surrender a wayward defendant. With cash bail posting, there are no fugitive recovery powers included, leaving families who post cash bail solely dependent on the chance of a fugitive being picked up by the police. In the case of Perkins-Sinapati, he was fortunately arrested by law enforcement. However, without that chance arrest, neither his attorney nor family would have a proactive way to find and surrender the defendant, making it challenging to petition the court for a bail refund after the arrest. | |
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Call to Action | |
Next time you or your clients are faced with posting bail, give me a call, so we can discuss whether a bail bond or cash bail posting is the best option for you. Don’t risk forfeiting large sums of money when there’s a smarter, more efficient way to handle bail. | |
Next issue, I’ll explain when posting cash bail makes the most sense…stay tuned folks! | |
Remember, whether you’re an attorney looking out for your client’s best interests or someone needing immediate bail assistance, I’m here to help. Let’s make the bail process as smooth and stress-free as possible. | |
Stay safe and take care, | |
Nick |
