HOUSTON COUNTY: Due to a person charged with two counts of Rape in the first degree of a 95-year-old being granted bond, RSN decided to attempt to explain some things about bond and Judges decisions.
Except for Capital Offenses, people charged with a crime, have a right to bail, and that bail cannot be excessive. However in some instances, depending on the facts, a person charged with a Capital Offense can have a right to bail.
Aniah’s Law, passed because of a murder, is an amendment to Alabama Law adding a list of serious crimes other than capital offenses for which a defendant could be held without bail before trial.
Aniah’s Law adds murder, kidnapping in the first degree, rape in the first degree, sodomy in the first degree, sexual torture, domestic violence in the first degree, human trafficking in the first degree, burglary in the first degree, arson in the first degree, robbery in the first degree, terrorism, and aggravated abuse of a child under age 6 as charges for which a defendant could be held without bail. The court, mostly District Court, must hold a hearing to consider the “facts” to determine release of the defendant charged with the above named offenses. The prosecution must prove “clear and convincing evidence” that “no condition or combination of any conditions of release will reasonably ensure the defendant’s appearance in court or protect the safety of the community or any person,” then the court may deny bail is the person is charged with any of the above named offenses.
BAIL
A officer or Magistrate can only set bail within the prescribed limits set by the Alabama Supreme Court. Bail set outside those limits or no bond must be approved by a Judge. Often times the Judges are woken up at night or weekends and listen to the officer’s version of facts and will set a high bond or no bond.
However, as stated above, the Alabama Rules of Criminal Procedure govern, people charged with a crime, except for capital offenses, have a right to bail, and that bail cannot be excessive.
In Alabama, the amount of a bond is determined by a judge or court officer based on a variety of factors. The factors considered depend on the type of bond and the circumstances of the case.
Criminal bond
- The defendant’s criminal history, including prior releases on bond
- The defendant’s ties to the community
- The defendant’s flight risk
- The seriousness of the charges
- The defendant’s reputation and character
- The defendant’s age, background, and family ties
- The nature of the offense and the likelihood of conviction
This past week a preliminary hearing was held in Houston County on a defendant charged with two counts of Rape in the first degree of a 95 year old woman. It was held before a Henry County District Court Judge. Bail was set in the amount of $250,000 on each of the Rape First charges, making a total of $500,000 worth of bonds to be made. Some social media questions have come up.
First question was why a Henry County District Court Judge was holding the preliminary hearing? Houston County District Court Judge Benjamin Lewis recused himself to avoid the “appearance” of impropriety. The order does not state why there was a conflict. So we must assume he knew facts or knew the victim or the defendant. So to avoid any question of Judge Lewis in any decision he would be required to make, he felt it was best for another Judge to hear the case.
The presiding judge appointed the Henry County District Court Judge to preside over the case while it was in District Court. That is why the Henry County District Court Judge held the preliminary hearing.
Second question is the bond amount set: The court issued a $250,000 bond on each Rape in the first degree charge. So that means the defendant must make a total of $500,000 worth of bonds. No bail bonding company can sign a bond over $150,000. In order for the defendant to make the $250,000 he must post with the Clerk of Court $250,000 CASH money. Since he has two charges, then he must post $500,000 cash with the Clerk of Court.
In order to make a property bond, the defendant’s name can not be on the property. And the Sheriff requires double the bond amount of equity in the property. The bonds totaling $500,000 means someone who owns $1 million worth of property as per the Houston County Revenue Departments calculations of the property value, and owes no money on that property, then a property bond can be made.
So while the defendant has a bond as per the Alabama Rules of Criminal Procedure, the chance of making bond, well, walking to Mars stands a better chance.
A JUDGE CAN NOT COMMENT ON ANY CASE BEFORE HIM OR HER.
And when you see that a Judge has made a ruling, the “facts” presented in court are often times not placed in an article. Just as the sensational headlines are Judge Grants Bond In Rape of a 95 Year Old Woman. Well, yes the Judge set a bond. But the reality is, the chances of him making the bond is .001%. And the news article makes the Judge look bad because there is not an explanation of reality.
NO BOND
Sometimes you see where someone arrested has a no bond. That means a officer has called a Judge and got him or her to order a no bond. The Judge is hearing the officer’s version and grants the officers request. And the Judge will set a bond at first appearance or hold a bond hearing and then set a bond.
And RSN has seen multiple instances where there is really no legal basis for the NO BOND, other than the officer or District Attorney wanted a no bond.
One case years ago the officer said the defendant was a flight risk. Well, he was. It was a businessman from Albany, Georgia, who owned a helicopter. He flew the helicopter to Houston County to turn himself in and when bonded out he was going to fly the helicopter back to Albany. But he was not a “flight risk” in the fact of not appearing in court.
This past week there was a case where a mother was charged with Aggravated Child Abuse. The officer contacted the Judge and got a no bond set. In first appearance the mother stated she spanked her child with a switch because her child got into trouble in school. While spanking the child with the switch on the buttocks the child stuck his hand back there, and his hand was struck with the switch left a mark on the hand. When the Judge heard the facts from the defendant, the Judge set a bond. But when the officer told him over the phone they needed a no bond, the officer apparently did not tell the Judge the entire facts.
The same day a man was in first appearance charged with Sex Abuse of a Child Under the age of 12. The information was the child was actually 9 years old. That person had a $30,000 bond. The officer did not call the Judge and ask for a no bond.
Which of the above is worse?
The above is not meant to discredit law enforcement officers or the District Attorney. But it is actual true cases and circumstances over the years since 1977 that I have been involved in the legal system.
IN THIS AREA we have Judges who try to listen to the “facts,” and based on those facts do what is fair and reasonable. And remember, while often times a myth, there is a presumption of innocence of the accused and a constitutional and statutory right of a person charged with a non-capital offense to be released on bail pending trial”. However, society and social media will convict someone not knowing what the “facts” are.
The Judge has a duty to protect the rights of people, and to weigh several “facts” in cases. A lot of times Judges are faced with political pressure or social media pressure when making decisions. And most often times the actual “facts” are not known to those applying the political pressure or social media pressure.
In Houston, Henry, Dale, Coffee, Pike and Geneva Counties we are blessed with good Judges. These Judges I am around on a regular basis. The Barbour County District Court Judge, Judge Horne, is also a good Judge. Other counties I am not in on a regular basis, so I can not say. Each of these Circuits, we are blessed with good District Attorney’s. Sometimes they can get confused, but the majority of the time they do a good job.
But remember, a Judge has to make a decision and in that decision, at least half are going to be upset with him or her if not all of those involved are going to be unhappy.
