The owners of three bail bonds companies were faced with questions last week as they seek permission to begin getting people facing criminal charges in Kanawha County out of jail.
Kanawha Circuit Judge Duke Bloom and head of Kanawha's Public Defender's Office, Diana Panucci, voiced their objections to the administrative order entered in October, which allows professional bail bondsmen back in Kanawha after nearly 20 years.
But it's ultimately up to Kanawha Circuit Chief Judge James Stucky, who entered the administrative order, to decide whether the bondsmen meet the criteria to work in the county. Judge Tod Kaufman will take over as chief judge on Jan. 1.
Stucky held separate hearings last week for the first three companies that filed petitions to work in Kanawha: Amy Hass Bail Bonds LLC, 1A Bail Bonds Inc. and 1st Action Bail Bonds. Stucky said he would enter orders at a later date letting the companies know whether they are approved.
Kanawha circuit judges barred the practice in 1998, after questions were raised about some of the bondsmen's lack of property value to secure some bonds. With that concern in mind, Stucky said judges' plan to have more oversight over the bondsmen.
Even with the nine-page order, which contains a number of requirements bondsmen must adhere to, Bloom and Panucci urged Stucky not to approve of the petitions.
"It's my personal belief that across the nation, the tactics used to apprehend defendants are not appropriate," Bloom said. Bondsmen "do it under the color of law when a circuit judge issues a bail piece and I don't think that's appropriate."
Both Bloom and Panucci questioned the bondsmen about how they go about apprehending defendants that have been released from jail on bond who don't show up for court. The companies already have permission to work in a number of counties in the southern part of the state.
"Tell us exactly your methods on gathering individuals who are charged with a crime who don't appear," Bloom asked John Stevens, of Beckley, who owns 1A Bail Bonds. "Do you walk up to someone and pull your weapon on them?"
No, Stevens answered. He carries a gun, but has never had to use it, he said.
"Do you think it's appropriate for you to knock on doors at 2 a.m.? Have you ever knocked down a door? Do you think you can?" Bloom continued.
Stevens responded that he's never knocked down a door. He said the majority of defendants he has dealt with in his 13 years in the business are apprehended peacefully.
Amy Hass, of Winfield, who has worked in the business 16 years, said she carries a gun only when she believes a situation might be dangerous. Otherwise, she brings handcuffs and pepper spray, she told Stucky.
"I usually just use my voice and that gets people on the ball," Hass said.
Panucci and Kanawha Prosecuting Attorney Charles Miller raised concerns about whether defendants will understand the difference between posting a bond through the court or with a bondsman.
In Kanawha County, a defendant usually is given the option of posting 10 percent of their bond amount to get out of jail.
That money is then returned to them if they show up for court.
But if they use the services of a bail bondsman, they don't get that money back.
Hass said defendants are informed of that information, but decide to use her services when they don't immediately have any or all of the money needed to get released.
Some companies accept payment plans, she said. Or, instead of requiring a defendant to pay 10 percent, the company usually charges less, Hass said, giving the example of the court requiring a defendant to pay $1,000 to get out of jail so the bonds company setting a $800 amount.
"What percentage of defendants do you post bond for are indigent?" Miller asked Hass.
She replied that even people who qualify for a court appointed attorney can usually come up with the money to post bond and get out of jail.
A number of law enforcement associations, including, among others, the International Association of Chiefs of Police and the National District Attorneys Association, argue that commercial bail discriminates against the poor and places defendants at the mercy of private businesses.
"I'm not certain it's needed in Kanawha County," Panucci said. "It's a for-profit system. If people can post the 10 percent cash option they can get that money back in the end."
Miller raised the same concerns, but said after listening to Hass, he can see where bondsmen might save the county money when it comes to apprehending defendants who have left the state.
"I was actually somewhat skeptical, but based on the testimony, it may save the county some money in that we have to pay to bring [defendants] back and [the bondsmen] they actually could go get them," Miller said.
Lexington National Insurance Company, which covers Hass and many other local bond companies, creates a network of bondsmen across the country who often will work together to locate and bring back defendants who skip town and don't show up for court.
Stevens tried to ease opponents' concerns by explaining that in the counties where he already works, members of his company work well with court officials, law enforcement, prosecutors and public defenders. He added that by allowing people to use bail bondsmen, it will reduce the number of people being housed in the already overcrowded regional jails.
"Why would public defenders be against it when it helps their clients?" he asked after Wednesday's hearing. "Especially when they love it in Raleigh County."
Reach Kate White at kate.white@wvgazettemail.com, 304-348-1723 or follow @KateLWhite on Twitter.