People charged with crimes generally can get out of jail by paying a bondsman 10 percent of the bail set by the courts. But many in Maryland are walking free by paying much less - in some cases as little as 1 percent - to bondsmen willing to offer a discount.
These cut-rate bails are a common practice, leading to thousands of people accused of serious offenses going free on far less bail than some judges and the public realize. State regulators and city prosecutors say they are troubled, but bondsmen argue that such price reductions are necessary to remain competitive in a cutthroat industry.
It is legal as long as the bondsmen have the accused or their friends or family sign promissory notes agreeing to pay the full 10 percent fee and the bondsmen make "good- faith efforts" to collect the money. Some don't, and the Maryland Insurance Administration, which regulates the bail industry, has fined five bondsmen for it since 2003.
Baltimore State's Attorney Patricia C. Jessamy said bail bondsmen are making "a mockery" of the system.
"Somebody gets a big bail, $500,000, and gets out for 1 percent," she said. "If that doesn't defeat the purpose, I don't know what does. ... The whole system needs to be reformed."
Del. Robert A. Costa, an Anne Arundel County Republican, wants the law changed to make it a misdemeanor for bail bondsmen to fail to collect the full 10 percent fee upfront. This, he argues, would end a dangerous practice that undermines judges and puts the public at risk by making it easier for suspected criminals to get out of jail.
He said he sought the change after his ex-wife's brother paid a bail bondsman 1 percent to get out of jail and then fled to Florida. The man is wanted in Anne Arundel County.
The bail bond industry "was very angry that I was introducing the bill," Costa said. They said, "How dare I interfere with their business. It's their choice if they want to do this or not. And I said, `Not if it's putting defendants back on street to continue to commit crime.'"
Costa withdrew the bill this month, saying that he did not have enough research to win a battle against the lobby. He said he plans to try again next year after gathering more information.
One person who took advantage of the discounted bails was Brian Compton. A Baltimore County judge set his bail on an armed robbery charge at $75,000. Compton hired Big Boyz Bail Bonds.
