ADMINISTRATIVE O.R.; RELEASE WITHOUT BAIL!

For Immediate Release:

Steve Sanson President Veterans In Politics International 702 283 8088

Gino Caruso Expert Bail Bondsman 702 429 8532

 

 

ADMINISTRATIVE O.R.; RELEASE WITHOUT BAIL!

 

“THE CLARK COUNTY DETENTION CENTER (CCDC) IS SUPPOSEDLY AN OVERCROWDED JAIL. THE DECISION MAKERS ( VAGUE) HAVE IMPLEMENTED AN ADMINISTRATIVE OWN REOGNIZANCE (OR) RELEASE WITHOUT REQUIRING A BAIL BOND ON CRIMES SUCH AS DRIVING UNDER THE INFLUENCE, FELONY DRUG POSSESSSION, AND OTHER CRIMINAL CHARGES.”

 

Clark County, Nevada: Administrative OR (Own Recognizance) release is a process in the Clark County Detention Center (CCDC) that allows a defendant to be finger printed and released from this facility anywhere from 12-24 hours without posting a bail bond. This process occurs without the cases being heard or even reviewed by any judge. This is just a routine that the jail follows, even though there is a statutory bail indicated by the Nevada Revised Statues Chapters 697 given amount required to be posted for a criminal charge. It does not matter who the person is, if they have local ties or not, they are simply given a “tentative” court date and let out of jail. This process is counterproductive to this community’s entire legal system.

 

The Administrative OR is causing a serious chain of events that have impacted the entire legal system in the Las Vegas community.

 

The first issue is that it undermines deterrence. People are more likely to commit these criminal offenses if they know they are just going to be finger printed, released, and maybe never even prosecuted.

 

The second issue is that the taxpayers are paying for these people to be arrested, prosecuted, and held accountable for their actions. Administrative OR costs the taxpayers more money in the long run.

 

The third issue is that it causes more cases to go into warrant without anyone aggressively pursuing these fugitives.

 

Deterrence is the main reason why there are jails. People do not want to go to jail. For this reason people make choices and decisions to stay out of trouble. Going to jail is not fun, but how about remaining in jail?

 

Right now, if a person is booked into Clark County Detention Center on certain charges they are just released and given a court date. The Administrative OR release holds makes no one accountable for the charge or court date.

 

 In order to get out, a defendant should be required to remain in custody until bail bond is posted. In order to post a bail bond, a person must go through a private company and they either have to provide local ties to the community and a cosigner or some form of collateral to hold them to their court dates and participation in their criminal case.

 

Defendants would remain in jail until their bail is posted and that they might have to involve their family and friends, who the financial burden of bail is placed on, rather than the backs of taxpayers. 

 

Defendants also will be held accountable by the Bonding Companies to attend all of their court dates on time. They are also more likely to stay out of trouble while being monitored by a Bail Bond Company, because staying out of trouble is a condition of bail. Going through this well established system acts as a deterrence, because of these extra burdens placed on the defendants.

 

 An Administrative OR takes place right when the defendant is booked into custody. There is no wait time for the defendant to post bail.

 

Although there is a standard bail bond for these charges, the jail releases these defendants and refuses to take the bond. If a defendant is not released until a bail bond is posted or until an actual hearing in court takes place, this would take the cost burden off the backs of taxpayers.

 

If a defendant posts bail, most of the costs are now placed on them through a private Bail Bond Company as opposed to on the backs of taxpayers however this is not consistent.  When a bail bond is posted at CCDC, Las Vegas Justice Court receives a $40.00 filing fee for every single bond.

 

This year alone Clark County Detention Center has turned down thousands of bonds on criminal cases, because of the Administrative OR. This equates to millions of dollars in lost revenues that could have been collected by the courts in just filing fees alone.

 

Then there is the actual bail bond that holds the defendant liable to have perfect attendance in all of their court dates. If the defendant does not show up for their court date, the Bail Bond Company has to make sure the warrant is cleared up or they have to pay the full bail bond amount to the court. All of the bonds that have been being turned down over the years could have also generated millions of dollars for the courts and Clark County.

 

Instead the entire financial burden is on the backs of taxpayers, causing further strain to the system and a deeper financial deficit within our county budget.

 

            Why do they do it? The Clark County Detention Center sites overcrowding is the reason for the Administrative OR. The fact is most of the defendants not only have the resources to post bail, in most cases they have already posted bail and bail is turned down by the jail with no funds to protect the court.

 

When a person is arrested they do not know about this Administrative OR. They want to get out of jail so they call a bondsman who collects the 15% as required in the state of Nevada, writes up the bail bond and the check for $40.00 for court administrative fees, only to be refused at the CCDC bail window, because the defendant is “being released on an Administrative OR.”

 

The overcrowded problems stems more from the jail holding defendants in custody between 8-24 hours after a bail bond has been posted. There is no valid reason for this to take place. If the jail cuts down their release times for defendants that have posted bail there would be more room to hold defendants that are waiting on their hearing or in the process of arranging their bail.

 

There are an overwhelming amount of criminal cases in Clark County that are in warrants. Failures to appear in court on criminal cases have become a huge problem in this community.

 

The Administrative OR system is to blame. There is no accountability for a defendant to show up in court when they are released on an Administrative OR.  If a defendant were released on a bail bond, a private Bonding Company would have to pay the courts money if a person fails to appear and a warrant is not cleared up in a timely manner. The Bonds Company would now actively pursue anyone that is on bond with them in order to avoid paying the bond to the court. Most Bonding Companies clear up a high percentage of warrants in order to remain in business.

 

This community is short on Police Officers. There are plenty of budget issues and yet the jail is “shooting the whole system in the foot”. They are costing Clark County taxpayers millions of dollars by implementing an Administrative OR. There is little accountability and deterrence from these crimes and some administrator is making decisions on criminal cases.  Why is this happening?

 

There should be a hearing in open court in front of a judge; this is the very reason we elect judges to make these types of administrative decisions… Defendants should have to remain in custody until his/her hearing or be required to post a bail bond before being released from jail and then return at a later date for their case with their appearance secured by a bail bondsman.

 

##

FOR MORE INFORMATION:

www.veteransinpolitics.org

 

Listen Saturday September 8 on Veterans In Politics Talk Show when we will address the bail issue with William C Horne Nevada State Assemblyman District 34:

 

on http://www.vegasallnetradio.com/Shows/VeteransInPolitics.html LIVE from 2-3PM Pacific Time Call In-702 483-4444:

Andre Haynes and Gino Caruso owner of Goodfella’s/Jail Busters and Andrew Leavitt Attorney At Law Special Co-Host

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