Thread: GA: Bail for illegal immigrants targeted

Bail for illegal immigrants targeted

By STEPHEN GURR
The Times
GAINESVILLE
Oct 4, 2007


Saying too many illegal immigrants are jumping bond and skipping court appearances, a state lawmaker is proposing that Superior Court judges be the only people who can set their bond.

Magistrate court judges set many of the bonds for people charged with felonies. The exceptions are the most serious violent offenses, including murder, rape, armed robbery and aggravated child molestation, as well as some charges involving felony-grade drugs.

State Rep. Calvin Hill, R-Canton, said prosecutors and law enforcement officials in his district of Cherokee County are frustrated by illegal immigrants who skip town after making bond. He recently proposed a bill that would take bond decisions out of the hands of magistrates in cases involving illegal aliens charged with felonies.

"It's just a problem all the way down the line, where justice is not being served," Hill said this week. "Let's face it, if I was facing five years in jail, I might choose to borrow the money and return to my country of origin to avoid jail time."

In most cases, bail bondsmen cover the bond for a criminal defendant, charging 10 percent cash of the bond amount. Usually property like car titles or real estate is used as collateral.

Hill has not offered any statistics on the percentage of illegal immigrants charged with felonies in Georgia who jump bond.

Keith Wilbanks, who operates Gainesville's Kwik Bond, acknowledged that illegal immigrants "probably do (jump bond) at a little higher percentage than the others, so we are more cautious with them. We get more collateral."

But Wilbanks estimated that fewer than 10 percent of defendants, illegal or not, jump bond.

"If it were any more we couldn't make a living," he said.

Of those who fail to show up for court, "probably half of those aren't really running," Wilbanks said. "They either moved and didn't receive a notice in the mail or they forgot to go to court."

Wilbanks doesn't see what difference it would make for superior court judges to set bond rather than magistrate judges. In either instance, judges have to consider a person's ties to the community, and whether the person is a flight risk and/or at risk of committing another crime while out on bond.

"I would assume they would look at the same facts and arrive at the same conclusions, as far as the amount of bond being set," Wilbanks said.

Andrew Hothem, a Gainesville criminal defense attorney, says he's represented a number of undocumented immigrants facing felony charges. Hothem says he doesn't see how Hill's proposed legislation would make a difference.

"I don't see what it would accomplish, other than create more paperwork," Hothem said.

Hall County Sheriff Steve Cronic wants the ability to start deportation proceedings for all illegal immigrants charged with crimes, regardless of whether they are misdemeanors or felonies. But the sheriff is waiting on a agreement with federal immigration officials before he can start the program.

Currently officials with the federal Immigration and Customs Enforcement agency can place holds on jailed illegal immigrants facing serious felonies, but do so with less than half of all undocumented immigrants booked into the jail, sheriff's officials say. Cronic said in a recent interview that he believes all illegal immigrants charged with serious crimes are flight risks.

"There is such a high likelihood that they won't show back up," Cronic said. "As sheriff, my recommendation would always be a denial of bond. But we have seen (bond granted) sometimes. Of course, that's not my place -- it's up to the judges."

Hill, the lawmaker, said the district attorney in Cherokee County, Gary Moss, is "extremely supportive" of his proposal.

Hall County District Attorney Lee Darragh and Forsyth County District Attorney Penny Penn did not immediately return phone messages.

Rick Malone, executive director of the Prosecuting Attorneys' Council of Georgia, said his group was not taking a position on the proposed bill.

Hill contends illegal immigrants are abusing the system to avoid facing punishment.

"They are literally buying their way out of jail, and that needs to stop," Hill said.


http://www.gainesvilletimes.com/news/st ... 6872.shtml

hahahaha .... I'd say that's a no brainer