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How $750,000 Bail Was Lost and Then Recovered in a Week: The Jonaven Perkins-Sinapati Case Finale |
Hello everyone, it's your reliable bail agent Nick from A-1 Bail Bonds, back with another edition of "Jail Mail." Today, I want to update you on the Jonaven Perkins-Sinapati case and conclusively explain why posting a bail bond is best when large sums of money are on the line. In case you missed the newsletter on when posting cash is king, click here. |
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How to Lose $750,000 Then Get It Back in Just a Few Days |
Sounds like an epic Las Vegas gambling story, but no, it's a bail story. Perkins-Sinapati posted a $750,000 bail in cash, then forfeited that sum by failing to appear in court. Upon his attorney’s motion to set aside the forfeiture, thusly enabling a refund, the Attorney General's office filed a petition of opposition. In addition, public sentiment, most notably on social media, was staunchly against the court’s returning of the cash bail. In the eyes of refund deniers, the money Perkins-Sinapati received was originally from a state judgement, so thusly the state had a moral claim to keep the money, since Perkins-Sinapati did miss court, and was only eligible for a refund after being arrested on new charges. |
Below is the AG’s Opposition Motion ⬇️, CLICK the page for the full document. |
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Noticeably silent was the #endcashbail activists who typically advocate for pre-trial defendants' rights when issues of bail are discussed philosophically in the abstract. Whenever real world opportunities to take unpopular stances on bail issues arise, that crowd tends to be mum; “fair weather advocacy,” some might say. It is disheartening that a native Hawaiian, who was hospitalized following a crash caused by a police chase where no aid was rendered, could not gain support from a movement staunchly opposed to cash bail in the justice system. |
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Key Reasons to Choose a Bail Bond Over Cash Bail |
1. Shielding Your Cash from Government Forfeiture and Fees |
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In my experience, posting a bail bond is the best way to protect your money from aggressive government forfeiture and fees. Mayhaps it is just human nature, but when clients post large cash bails, government agencies predictably find it difficult to refund cash that has already hit their coffers. Bail bonds, however, shield your cash on hand by creating a barrier between the actual money and a paper judgment. |
In the Perkins-Sinapati case, the bail bond barrier would have significantly offset the financial risk of losing $750,000. There is a huge difference between the government trying to collect $750,000 they don't already possess versus holding onto money they already have. |
2. Established Surety Law for Bail Bond Returns |
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Surety law has a wealth of precedents and case law supporting the return of bail posted. This is particularly crucial in the event of a failure to appear in court. According to the Hawaii Revised Statutes §804-51: |
"Whenever the court, in any criminal cause, forfeits any bond or recognizance given in a criminal cause, the court shall immediately enter up judgment in favor of the State and against the principal... for the full amount of the penalty thereof, and shall cause execution to issue thereon immediately after the expiration of thirty days from the date that notice is given via personal service or certified mail, return receipt requested... unless before the expiration of thirty days from the date that notice is given to the surety... a motion or application of the principal ..showing good cause why execution should not issue upon the judgment, is filed with the court. If the motion or application, after a hearing held thereon, is sustained, the court shall vacate the judgment of forfeiture and, if the principal surrenders or is surrendered pursuant to section 804-14 or section 804-41, return the bond or recognizance to the principal, surety, or surety insurer, whoever shall have given it, less the amount of any cost, as established at the hearing, incurred by the State as a result of the nonappearance of the principal or other event on the basis of which the court forfeited the bond or recognizance." |
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Given that Perkins-Sinapati was arrested well within the 30-day window, the set aside was statutorily assured because "good cause" for setting aside the forfeiture was satisfied when Perkins-Sinapati was surrendered back into custody. |
3. Bail Agents' Surrender Rights |
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Perhaps the most significant advantage of posting a bail bond is the bail agents' inherent surrender rights. If a defendant misses a court appearance, bail companies can locate, apprehend, and surrender the defendant back into custody. In contrast, those who post cash bail do not have these rights. This legal distinction means that cash bail posters cannot provide the government with a court certified “surrender” document discharging themselves from financial responsibility as bail agents may. A certified “surrender,” document automatically establishes "good cause" for a set aside and refund, so long as the set aside motion is filed in a timely fashion. |
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In the case of Perkins-Sinapati, fortunately he was rearrested on federal charges in a matter of days after missing court. This arrest satisfies the "good cause" requirement for a bail return. However, be aware that if the defendant had not been apprehended, the cash bail poster does not have stated powers to independently surrender a defendant. The dynamics of proactively searching for and causing the apprehension of a defendant are completely different without the surrender powers baked into a bail bond. |
Latest Changes in Forfeiture Enforcement |
Recently, there has been significant changes in forfeiture enforcement. The Attorney General's office now closely scrutinizes forfeitures and will file motions to object to bail money being returned. |
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This new approach represents a considerable hurdle as arguments and interpretations of forfeiture law are being reexamined and redefined. Cash bail postings are especially fraught since an overwhelming majority of court rulings are specific to bail bonds, while cash bail lacks the past precedents of surety law, forfeiture reversals, and Hawaii Supreme Court decisions. |
Conclusion |
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In summary, while cash bail might seem straightforward, it lacks the protections and predictability that bail bonds provide. For large bail amounts, opting for a bail bond is the more secure and reliable choice. The Perkins-Sinapati case underscores the importance of using bail bonds for large amounts, where established procedures and legal protections can make a significant difference. |
If you need assistance in determining whether it is best to post cash or bond, give me a call at A-1 Bail Bonds. Let’s make the bail process as smooth and stress-free as possible. |
In financial strength, |
A-1 Nick. |
