2009 Membership Renewal Deadline October 15th, 2008 to be on the 2009 Calendar and by November 15th to be in the Sheriff's Directory!
What is the GAPB?
The Georgia Association of Professional Bondsmen, Inc. promotes professionalism among professional bail agents in Georgia, promotes cooperation between the bonding industry and the criminal justice system, and encourages adherence by all bondsmen to the highest standards of conduct. The Association:
- Promotes cooperation among member companies and agents;
- Promotes cooperation with other components of the criminal justice community, especially sheriffs;
- Provides education and training for the GAPB membership;
- Keeps the membership abreast of latest court rulings, new legislation and other information pertaining to the industry;
- Monitors legislation affecting bail bonding and seeks legislative changes for improvement;
- Supports the concept and practice of a private bail system which saves taxpayer money through reducing jail populations;
- Promotes further savings of tax dollars by placing the cost of operating the bail bond system on the user of the system, the defendant, rather than relying on a publicly-funded pre-trial release program.
What is a Bail Bond?
The purpose of bail is to guarantee the appearance in court of one arrested for a crime to determine guilt or innocence. The 8th Amendment to our United States Constitution guarantees this right to all citizens and prohibits excessive bail. The 5th Amendment provides for the “due process of law” for all, including the presumption of innocence until proven guilty. Failure to guarantee the right to bail would make any arrest and incarceration almost a finding of guilt.
Our state laws provide that one arrested may employ a professional bondsmen to guarantee his appearance in court. The professional bondsmen—or surety—must pledge property, cash, or other surety, such as insurance, to the courts on behalf of the defendant—or principal. For providing this service, “Sureties on criminal bonds in any court shall not charge or receive more than 12 percent of the principal amount of bonds set in the amount of $10,000.00 or less and shall not charge or receive more than 15 percent of the principal amount of bonds set in an amount in excess of $10,000.00 as compensation from defendants or from anyone acting for defendants."
Professional Bondsmen Provide A Valuable Service!
The entire criminal justice system—and, indeed, all law-abiding taxpayers—benefit from the services provided by the professional bondsman. While out on bail, the defendant can continue to contribute to the work force and provide for family needs. The taxpayers of the state save millions of dollars annually in incarceration costs when defendants are released on bond—which substantially reduces the problems of jail overcrowding and the costly construction of additional jail space. Also, the professional bondsman provides a valuable service to the defendant in guiding him through the adjudication process and ensuring the principal’s appearance in court.
The professional bondsman fosters our free enterprise system in that he is not compensated unless the defendant appears in court—in fact, substantial surety can be forfeited if the principal does not appear. This privatization of bail also places the cost of administering the system on the user of the system—the defendant!
“The criminal justice systems fails if, when a case has come before the court, the prosecutor is ready to try the case, the witnesses have left their jobs to testify, the judge is on the bench, the jury is seated, the prosecutor is ready to make his motions, and so is the defense—and no defendant is available to be tried! When this happens—as it does too many times in our country—the real cost is borne by the victim taxpayer.”
—Gerald P. Monks
The Goal of the Professional Bondsman:
The Appearance of the Defendant in Court
A professional bondsman is legally and morally bound to ensure the defendant’s appearance in court. Further, the bondsman is required to pursue and return a defendant who has failed to appear to the courts to face the charges pending.
The Supreme Court of Georgia has noted the importance and value of the professional bondsman: “By apprehending absconded criminals and delivering them to the State, bail bonding companies perform a valuable service for the State inasmuch as they relieve law enforcement officers from the duty, thereby permitting officers to direct their energies to other areas of law enforcement.” (AAA Bonding Co. vs. State of Georgia). |
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