Taxpayer-Funded Pretrial Releases

Case Review Number Two: Christy Howell

Christy Howell was arrested on April 3, 2010 for burglary of a dwelling with assault or battery (first degree felony); tampering/harassing a witness (first degree misdemeanor); petit theft of $100 or more (first degree misdemeanor); and trespass (first degree misdemeanor) and released by the court through Orange County's taxpayer-funded pretrial release program.

Christy's criminal history is as follows:

06/1993: battery (first degree misdemeanor) - nolle prossed/dropped by the state
03/1997: burglary of a structure (third degree felony) - nolle prossed/dropped by the state
11/1997: possession of a controlled substance (third degree felony) - adjudication withheld
05/1998: prostitution - 3 counts (second degree misdemeanor) - adjudication withheld
07/1998: prostitution (second degree misdemeanor) - adjudicated guilty
11/1998: prostitution - 4 counts (second degree misdemeanor) - adjudicated guilty
02/1999: prostitution or lewdness (second degree misdemeanor); prostitution - 2 counts (first degree misdemeanor); prostitution - subsequent offense (first degree misdemeanor) - adjudicated guilty
07/1999: enter/remaining in place for purpose of prostitution; prostitution or lewdness; prostitution (first degree misdemeanor) - adjudicated guilty
10/1999: prostitution or lewdness; direct/transport for purpose of prostitution; prostitution - subsequent offense (first degree misdemeanor) - adjudicated guilty
12/1999: solicitation to commit prostitution; direct/transport for purpose of prostitution; prostitution - subsequent offense (first degree misdemeanor) - adjudicated guilty
09/2000: solicitation to commit prostitution (first degree misdemeanor) - adjudicated guilty
10/2000: enter/remaining in place for purpose of prostitution and prostitution or lewdness (first degree misdemeanor) - adjudicated guilty; direct/transport for purpose of prostitution (first degree misdemeanor) - nolle prossed/dropped by state
01/2002: trespass after warning (second degree misdemeanor) and possession of drug paraphernalia (first degree misdemeanor) - no information filed by state
04/2002: enter/remaining for purpose of prostitution and prostitution or lewdness (second degree misdemeanor) - adjudicated guilty
09/2003: prostitution or lewdness (third degree felony) - adjudicated guilty; enter/remaining in place for purpose of prostitution (first degree misdemeanor) - nolle prossed/dropped by state
09/2006: violation of domestic violence injunction (first degree misdemeanor) - adjudicated guilty
12/2007: driving with license suspended/revoked with knowledge (first degree misdemeanor) - adjudicated guilty
01/2009: prostitution or lewdness (third degree felony) and enter/remaining in place for purpose of prostitution (second degree misdemeanor) - adjudicated guilty
01/2009: introduce contraband into county facility (third degree felony) - no information filed by state

Your tax dollars put to good use by this release?

Make Criminals Be Accountable for Their Own Release from Jail

Over the past five months, the Orange County, Florida jail has released literally hundreds of defendants using your tax dollars through the jail's pretrial release program. Hundreds more have been released on their own recognizance by simply, "promising" to appear for court dates. Such scenarios are happening in jails throughout the country.

When pretrial release programs were first created in the 60's, they were designed to focus on indigent individuals charged with first-time, non-violent offenses who could not afford a monetary bond. These types of defendants were appropriate as pretrial release programs offer minimal supervision and does not have the hands-on interaction with a defendant and their family as a bail agent does. In the 80's such programs began to release defendants charged with more serious offenses in the guise of controlling jail populations. Today individuals charged with crimes such as domestic violence, battery, aggravated assault, aggravated battery, DUI, burglary, prostitution, false imprisonment, possession and selling of controlled substances, cannabis, cocaine, driving with no valid driver's license, driving with license revoked as habitual offender and grand theft are routinely released without any financial security to ensure they appear for court.

We will be highlighting several defendants who were released through the jail's taxpayer-funded pretrial release program and who have what we believe are lengthy and serious criminal histories. Should such individuals have been held in jail? Not necessarily. But their release mechanism should ensure that the public is protected and that the defendant appears for all court hearings until disposition of their case. Having to pay for your own release from jail gives someone more incentive to be accountable than a, "get out of jail free card" does.

The bottom line: when ensuring all court appearances and monitoring defendants, the private surety bail industry does it better and cheaper. Critical tax dollars should be spent wisely and efficiently. Don't use such dollars to compete against private enterprise that already has a proven track record of success. There are plenty of other areas your dollars can be spent on!

Case Review Number One: Daniel Dasque
Daniel was arrested on 04/22/2010 for three counts of possessing ammunition by a person who committed a delinquent act (second degree felony); he was already out on bond for a previous offense. The court allowed Daniel to be released through the jail's pretrial release program on the new offense.

Daniel's criminal history is as follows:

• 12/1995: grand theft 3rd degree motor vehicle (third degree felony) and resisting officer without violence (second degree misdemeanor) - adjudicated guilty
• 10/1997: controlled substance offense (second degree felony) - adjudicated guilty; possession of weapon in commission of a felony (third degree felony) and possess firearm/concealed weapon by convicted felon (second degree felony) - both nolle prossed/dropped by state
• 03/1998: introduce contraband in county facility (third degree felony) - adjudicated guilty; possession of cannabis less than 20 grams
• 10/2000: possession of controlled substance (third degree felony) - adjudicated guilty; possession of cannabis less than 20 grams
• 10/2002: kidnapping (life); robbery with firearm (first degree felony); false imprisonment (second degree felony); aggravated assault with a deadly weapon (third degree felony); theft (third degree felony); carjacking (third degree felony) - all nolle prossed/dropped by state
• 04/2002: driving with license suspended/revoked with knowledge (fine) - adjudication withheld
• 03/2003: resisting law enforcement officer without violence (first degree misdemeanor) - adjudicated guilty
• 09/2004: possession of controlled substance (third degree felony) and possession of cannabis less than 20 grams
• 02/2006: driving with license suspended/revoked with knowledge (first degree misdemeanor) - nolle prossed/dropped by state
• 03/2006: driving with license suspended/revoked with knowledge (first degree misdemeanor) - nolle prossed/dropped by state
• 01/2007: driving with license suspended/revoked with knowledge (first degree misdemeanor) - adjudicated guilty
• 02/2008: possession of controlled substance (third degree felony) and tampering with physical evidence (third degree felony) - adjudicated guilty; possession of cannabis less than 20 grams
• 08/2009: driving with license suspended/revoked with knowledge (first degree misdemeanor) - adjudicated guilty
• 04/2010: possession of weapon or ammunition by convicted felon - 9 counts (second degree felony); possession of cannabis less than 20 grams

Do you think Daniel deserved to be released on your tax dollars?

Public policy affects public safety!

Florida Pretrial Release Legislation

The Florida legislative session has ended but not the fight! Thanks to every bail agent, friend and advocate in Florida and across the country, who stepped up, made calls, sent e-mails, reached out to local media and went the extra mile for our pretrial release legislation! The private surety bail industry in Florida proposed good language that would have restricted eligibility for release under Florida's taxpayer-funded pretrial release programs. But the legislation ultimately failed to pass.

A big thanks to Representative Chris Dorworth, Representative Adam Fetterman and Senator John Thrasher for their hard work and commitment to protecting Florida taxpayers' dollars and public safety.

We learned much during this past legislative session. We learned that those that support taxpayer-funded pretrial release programs will misuse statistics, misstate what the bills do and generally resort to whatever tactics are necessary to mislead lawmakers and the public in protecting their turf.

We also learned that we have some strong friends and allies.

But most importantly, we learned that our cause is a good cause. There was not one thing said that undermined our basic premise that bail is more effective than taxpayer-funded pretrial release and that the private surety bail industry saves taxpayers millions of dollars each year. Given that our opponents were forced to use misleading statements and statistics underscores this fact.

We are excited about the 2011 legislative session and we will be even more prepared to get new bills passed. So stay engaged in the effort as we move forward!