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!