Thread: Lawyers see bail policy as 'burden'

Feb. 25, 2008, 11:54PM
Lawyers see bail policy as 'burden'
But judges call $35,000 fair for those in trouble with immigration
By ALLAN TURNER
Copyright 2008 Houston Chronicle
Comments 162 Recommend (5)

A policy that recommends a high bail bond for felony suspects with immigration problems has sparked a debate between judges, who say it reduces the likelihood suspected offenders will flee, and defense lawyers, who say it unfairly targets Hispanics.

The policy, adopted by criminal state district judges in December 2006, came under attack in a letter from the 365-member Harris County Criminal Lawyers Association that was co-signed by lawyers from the local Mexican Consulate and civil rights groups.

The judges' guidelines recommend a bond of $35,000 for those who previously have been deported or are undocumented. The suggested bond amount is second only to that for non-capital murder — $50,000 — among offenses for which bail is permitted.

"Although it may appear facially neutral, the policy cannot help but burden those individuals who have Hispanic surnames," Patrick McCann, president of the lawyers group, wrote state District Judge Debbie Stricklin. "As such, we believe that the policy ultimately discriminates against the same citizens who are often least able to speak up for and defend themselves because of language and cultural barriers."

While judges may not intend to discriminate against Hispanics, McCann noted, the "demographics of our region and the inner workings of the criminal justice system" contribute to that possibility. McCann argued that even suspects who are undocumented might have family or job ties in Texas that would minimize chances they would flee if released on bail.

Stricklin, who is administrative judge for the county's 20-plus criminal district courts, defended the policy, saying, "If they are here illegally, that has an influence on what bond might be appropriate."

Not related to incident
The special bond was enacted three months after a previously deported Mexican fatally shot Houston policeman Rodney Johnson during a traffic stop. Stricklin said the new policy was not directly related to that incident.

Stricklin noted that McCann's letter, which was written about two weeks ago, marked the second time the lawyers group had raised the bail issue. This time, though, the demand was co-signed by lawyers for the consulate, the Mexican-American Bar Association and the Mexican-American Legal Defense and Educational Fund.

MALDEF lawyer Nina Perales charged that "the real intent is to lock up anybody they think is undocumented, and that's not really the function of Harris County courts." She said her organization, based in San Antonio, will monitor the situation and possibly file a lawsuit.

Rick Soliz, general counsel for the Mexican consulate, said the policy "raises the red flag."

The policy inordinately falls on Hispanics, he said, "but it's discriminatory for other reasons as well. It's harder to make the higher bond. It puts more pressure on people to plead guilty."

Sees clues in amount
Bail bondsman Carl Pruett, owner of Allied Bonding Agency, praised the high recommended bond.

"That's kind of the subtle way the district attorney telegraphs me that the suspect is illegal," he said. "Whenever I see a $35,000 bond on an individual and no prior history, I know that he's been flagged."

Pruett said he will write such bonds only if the suspect provides 100 percent collateral or cash escrow. In many cases, he said, Immigration and Customs Enforcement officers will intercept suspects free on bond and deport them.

Kathy Braddock, bond forfeiture chief for the Harris County District Attorney's Office, confirmed bail bondsmen in such cases have a 50-50 chance of recouping their investment.

Kelly Smith, attorney for the criminal courts' administrative office, said undocumented suspects with no prior criminal history can bond out of jail and agree to be deported.

"A bus runs to and from the Mexico border approximately two times a week," she said. "Such an individual accepting removal can escape criminal prosecution in Texas indefinitely."

ICE spokeswoman Leticia Zamarripa said her agency "is not in a position to hold an individual for another agency. Our mission is to protect the public and national security."

The number of suspects placed on the $35,000 bond and the number deported by ICE while on bond were not available Monday.

allan.turner@chron.com
http://www.chron.com/disp/story.mpl/front/5569830.html

McCann argued that even suspects who are undocumented might have family or job ties in Texas that would minimize chances they would flee if released on bail.

Simple Solution: Lock up their familes if they are llegal aliens for harboring a fugitive or if they're illegal, lock them up for aiding and abetting an illegal alien. Lock up their employers for employing an illegal alien.

"Although it may appear facially neutral, the policy cannot help but burden those individuals who have Hispanic surnames,"

Please....bail for any felon is a burden....that's the point. A deterant. A "think twice" before you do it deal. Across this country they have not been charged with the same crimes as citizens are. They have purposly dropped charges to keep them as minor crimes while they throw the book at citizens. They flee anyway....they have someplace to go to....someplace to avoid full prosecution.....cops know it....citizens know it. Having "family" doen't stop them from heading for the border....getting a new ID or anything else. They are an obvious risk and should be kept locked up.

The whole premise is simply a ridiculous argument to muddy the water and somehow make legimate enforcement of our laws into a ethnic (so-called race) rights issue.

Illegal aliens should be placed in a NO BOND status, there is no way to verify their identites and if they are guilty they will flee to their Country. If they have been deported before they are wanted federal fugitives and cannot be let out on bail. They should be handed over to ICE to face a federal reentry after being deported criminal felony charge.

This supposed issue has nothing to do with "Hispanic" but everything to do with illegal alien. These two terms are not in any way interchangable as much as the Subversives may try to portray it as being that way.

The policy, adopted by criminal state district judges in December 2006, came under attack in a letter from the 365-member Harris County Criminal Lawyers Association that was co-signed by lawyers from the local Mexican Consulate and civil rights groups.

More evidence of a Mexican Consulate meddling in American domestic affairs and laws.

Since the 365-member Harris County Criminal Lawyers Association, lawyers from the local Mexican Consulate and civil rights groups claim there is no danger for felony suspects with immigration problems to flee to Mexico, let them form a bond agency and guarantee the bail. Let's see how eager they are to risk their money.

Mexico's extradicition laws and Mexico's degree of cooperation should be used as an example for keeping bond.

"Although it may appear facially neutral, the policy cannot help but burden those individuals who have Hispanic surnames," Patrick McCann, president of the lawyers group, wrote state District Judge Debbie Stricklin.

So now being accused of 'name profiling'? UNBELIEVABLE!

Appeal to Mexican President Calderon:
"Amnesty International has documented torture, arbitrary detention,
excessive use of force and the denial of due process," said Cox in a letter
to President Calderon ahead of his official visit Sunday through next
Thursday (Feb. 10-14). "The public security and criminal justice
institutions have too frequently been characterized as abusive, ineffective
and lacking independence and transparency."
Larry Cox, executive director of Amnesty International USA

Lawyers see bail policy as 'burden'
But judges call $35,000 fair for those in trouble with immigration

Just deny bail for those in trouble with immigration.