WEBVTT
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Hi, Warriors.
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Welcome to One in Three.
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I'm your host, Ingrid.
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Reporting your abuser to the police is incredibly intimidating for so many reasons.
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And one of the biggest questions survivors have is what if they post bail?
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Today we're diving into that question and talking about what bail agents across the country are putting in place to help protect victims.
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Joining me today is the president of the Professional Bail Agents of the United States, David Stuckman.
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Hi, David.
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Welcome to One and Three.
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Thank you so much for joining me today.
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Well, thank you.
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I'm glad to be here.
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I am glad to have you here.
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And before we get talking about all of the exciting stuff we have, could you just let us know a little bit about yourself?
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David Banks.
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Well, I'm the president of the professional bail agency in the United States.
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I represent probably around anywhere from 10 to 15,000 bondsmen and uh nationwide.
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I've been a bondsman for uh over uh 35 years.
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And before I was a bondsman, I was a bounty hunter.
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And before that, I was an insurance investigator.
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And I live in Manhattan, Kansas, go K-State Wildcats.
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And uh I am a father of two lovely children.
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One is a uh pharmacist here in Manhattan in my hometown, and the other one is a uh psychologist in uh uh Greeley, Colorado.
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She works she's in a rehab center working with people uh with their addictions and working that out.
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Wow, that's tough work.
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Yep, yeah, that's that's tough for her.
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And she has two beautiful grandchildren that I don't get to see enough.
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Yeah, isn't that the story?
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That's what my parents always say too.
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Okay, so I think a lot of people are probably uh aware of what a bondsman or bail agent is, but just to make sure everybody knows exactly what we're talking about.
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Do you mind just letting us all know exactly what you do?
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Okay.
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Well, when a when a person uh has made a bad choice and uh and gets arrested, um then uh he has the option to post bond.
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Um and the bail bond is set by the judge.
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He sets the bond.
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But you can post the bond yourself in cash, your family and friends get the money together and come and bond you out.
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But sometimes it's uh very high and cost prohibitive.
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So then the bondsman can be called and and and uh help them get them out.
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It's usually a 10% fee, and that's non-refundable.
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Where if they put up all the cash themselves, eventually they get all that money back.
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When you use a bondsman, it's a 10% fee.
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It's uh it's an insurance premium, is what it is.
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Once you uh have uh post that bond, that money's not refundable.
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And then if you don't show up in court, the bondsman has to come and arrest them.
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But we try to help everybody um uh uh get back on track.
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The goal of the bondsman is to get people out and try to get them to where they uh uh will um re readjust in life.
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I don't I don't know how to explain it.
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I always tell them this you know, society knows we all make mistakes.
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We've all made mistakes, and all society wants us to do is to to pay for our mistakes, make sure we do that.
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And that's our job is to help them do that.
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And sometimes we we have I have a partnership with one brother and one sister, which helps us place people in rehab centers for addictions or whatever.
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And and because we are all take these classes at PBUS, uh we're HIPAA-approved.
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So we can communicate with the rehab centers and tell the judges, because usually what happens is we bond them out right there and we check them into the centers right away.
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Then I have to go, we have to go to the court and tell the judge, Your Honor, we bonded him out, yes we did, but we put him in a rehab center.
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We're trying to get him um uh some help.
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And and then the judge says, Okay, well, when do you think he'll be out?
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And I says, Well, I'm it will be in communication with the center and I'll give you an update.
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And when he gets out, we'll get him into court.
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And and that really helps the individual because it shows that he regrets what he did.
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He's trying to get himself back on or herself back on track, and it really helps him when it comes time for sentencing when they're get a diversion or when they're adjudicated in any way.
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Is there a maximum amount of bail that you can't get involved in, or can you go you guys can get involved anytime?
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Well, let's say it's a million-dollar bond, because that would sound like maximum.
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We've posted a few of those million-dollar bonds.
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But when we do that, we have to have collateral from the family.
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And that's usually a you know, like a farm or a you know, a million-dollar house in equity.
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And we have to provide proof that we've done that so the court knows that we have it collateralized.
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And if if something does go wrong, we screw up, then we literally have to pay the million out of our pocket, and not very many bondsmen can do that.
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So we're very, very um uh um, we want to make sure everything is perfect on that to make sure we have the mortgage.
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And that's the leverage.
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Because when the when the son or the and it's usually the parents that put up that kind of property, but when the son or the daughter know that their family's gonna lose their house, they're gonna obligate.
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They may have to go to prison.
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When a million-dollar bond's involved, there's the usually that individual has to go to prison.
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And so that that helps that because the family does not have to put up that collateral and he stays in jail.
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But yeah, we've we've posted him, and we have to go to the court and talk to the judge and say, we're gonna post this bond, and this is what we have.
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And the judge lots of times wanna say, Well, I want to talk to the family and make sure they understand as well as they should.
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And and and that's so it takes a little bit more time to get a big bond like that.
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And usually there's a death involved, a tragic fatality or something like that.
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Uh, the last one I did is the the guy was uh had fentanyl and distributed it.
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Um I don't know that he was sold it or whatever, and somebody died.
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And he he ended up going to prison for I don't know, it was 280 months.
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But the family realizing he was going to do that wanted to spend the last eight or nine months with him and be emotionally supportive of him.
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And then when that happened, truthfully, what that happened there is then when he knew he was going to prison, we helped him prepare for prison.
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We I went in and uh, this was my bond, by the way.
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I went in, I talked with him, and I said, okay, when you get there, these are some of the steps, and I want you to meet.
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And I introduced him to an individual that had just gotten out of prison to give him the ins and outs of prisons, what to do and what not to do.
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And we're not going to get into that here, but but one of the things is is you can have an iPod or an iPad and communicate with your family while you're in prison.
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And that just really made it easier for him to, well, as long as I can be in communication uh with my family, I think I can survive this.
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And well, and and I didn't have no choice because he was going to go.
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But there was other things, the do's and don'ts, and uh, I don't think that's prudent to this.
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I don't want to get into that.
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It's too gory.
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Okay.
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And then do they offend oh I guess alleged, because they're not convicted of anything, right?
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So do they find you or do you find them?
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Well, the the what what everybody doesn't understand when they talk about the bail bond business is 90% of the money and the people and everything, it comes from the outside.
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We'll get a phone call from the individual lots of times, and I'll say, okay, I need to talk to your family, your friends, or whoever is going to be held accountable for this, but I need you to call them first.
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Or I'm gonna tell them to call the jail to verify you're in here.
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Because there's so many scams out there right now where they'll say they're bondsmen and this and that.
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And I am we're really doing a campaign right now as we speak with the PR team to notify the public of the so they know how it works.
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But we would like for the defendant to call the family and say, I'm in jail, at least tell them that so that they know.
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And these are small bonds, let's say it's just a DUI or whatever.
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But then I will call the family, or the family will call me.
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I would prefer them to call me because I feel that's what they have the choice of any bondsman.
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There's lots of bondsmen in in my hometown right here.
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So they can pick and choose whoever they want.
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And then they call and then we make the arrangements.
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But but I would say 90% of the time the family puts up the money.
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Very seldom does the actual person in jail put up his own money.
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Um he can pay them back when he gets out, but we want the money and everything, and all our paperwork's fine before he walks out of jail.
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Okay, and then so you were a bounty hunter, you said before.
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So is that what led you to want to do this?
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Well, I was a private investigator and I did investigations and the the the uh and I did it for insurance companies, but as the investigator, he also had a bonding company and he needed a bounty hunter, so I said, Look, you're gonna make more money as a bounty hunter than you will as his PI.
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And he was right.
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And then I just I just said, No, I want to be a bondsman, I want to help people.
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I'm you know, I I don't mind chasing people and catching the bad guys, but I I would get more gratification helping people out at the start and make sure I don't have to chase that many people.
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Let's make sure that they show up in court and do that.
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So that's that's how that evolved.
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Just so everyone knows, what goes into training to become a bondsman or what kind of education do you get?
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You do an apprenticeship.
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You go through and you work with a bondsman and useless clerical and you learn the the the ropes.
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You have to get in in the state of Kansas, you have to take continuing education.
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Uh uh, it's an eight-hour course every um every year, but every state is different.
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Now that those are state regulations.
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And you have to, I mean, I have to have a maintaining insurance license.
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It's uh it's a specific bail bond license through the insurance commissioner.
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And you would have to do that.
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You'd have to get your license, then you have to get the continuing education, and um, and then usually your your general agent, which that's what I am, will help you work through the the the cracks of the problems and everything and and train you in.
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And it usually takes, before I really think a bondsman really feels like they know what they're doing, it takes about a year.
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Okay, to really feel like you're and then of course they could go work on their own if they want and stuff.
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But yeah.
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Well, so this is a domestic violence podcast.
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So of course, a lot of people who are listening are either victims, survivors, or family members or friends of somebody who is a victim or survivor.
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So when it comes to domestic violence, is are there any specific precautions that you guys take?
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Well, yes, yes.
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And and and uh each state is different uh when you talk about state laws.
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But when I've got a domestic violence, it really is a little different can of worms because you've got a victim.
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And the first thing we do is that's when we really want to talk to the family, as we said it before.
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We want to hear what they think.
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And uh there's a lot of times when I call the family and I say, well, um, you know, uh he's in jail, he wants to get out, and he said you'll sign for him.
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And I'm talking mother, father, brother, whatever.
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Oh no, no, let's this is not a good idea.
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He's he he can be dangerous, and I don't think uh his wife would be safe and feel safe.
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There's no contact, but that's a piece of paper.
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Then when I hear that, I think, okay, well, obviously we're not gonna write the bond.
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And and I think that's where you're alluding to.
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And I say, well, okay, I can tell him that, but let's uh probably I should say that you guys don't qualify as cosigners or whatever, because I'm sure you don't want him to know that you're refusing to bond him out because you're gonna be, you got to deal with this individual the rest of your life.
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And he's gonna hold this against you.
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You wouldn't get me out of jail.
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And they said, Oh, thank you.
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They and well, sometimes they say, please don't tell him we did that.
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So the bondsman has to take the bullet on that, or he has to take the blame and everything.
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We just we we tell him no, you don't qualify, or you're gonna need to go directly into rehab if it works out that way.
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And then, because if I call the victim, she's not gonna, or I'm assuming it's a wife, let's say, she's not wanting him out.
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But usually when I'm talking to the defendant before I even call the family, I'm gonna say, Are you gonna get a divorce because of this?
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Oh no, I'm not gonna do it.
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I can tell by his attitude, usually, this guy is a control freak.
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This is probably a bad relationship.
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And there is gonna be a divorce, he just doesn't know it.
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And um, so there's a lot of things that play into it.
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And we have to, we're we're human.
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We we listen.
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I'm a victim of of family violence when I was a kid.
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So I I'm very, very um um emotional about it and and empathetic and and uh and everything about the situation when I talk to people, me personally.
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So like the judge is supposed to take into consideration uh previous offenses and things like that before they are determining whether this person qualifies for bond or not.
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Is that anything that you look into as well?
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Or do you just kind of go from this the judge says that this is an okay thing?
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Yeah, they they have what they call a schedule, a bond schedule.
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And if it's the first time he's ever been arrested, it's not that really of a big bond.
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And usually when it is that way, that's when I find out look, is this a one-time deal?
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Is was there stress at home?
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Did he lose his job?
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Did uh what are we fighting over money at matters?
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And if it's something like that, then they can get into help.
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They can they don't necessarily need to get in treatment, maybe they need to just get into a uh uh go see their preacher, go see their pastor, go uh anybody and talk through this and figure out how to get through the the tough time there.
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Um but if they've been arrested three or four times, then yeah, the judge does uh take that in consideration.
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And that's when we really we pay attention to because we sure don't want any more problems, any more anybody hurt.
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You know, you got children involved lots of times.
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There's a just a it's just a landmine, and the bondsman really has to pay attention to try to do the right thing.
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And uh when we do post a bond, there's a lot there's only two people that can put conditions on a bond.
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The judge can put a condition, this and that, and so can a bondsman.
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And the bondsman can put a condition on their mom and dad said, Well, I'll bond him out if he promises to stay away from these people.
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Okay, that's a condition on the bond.
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If he is, we'll arrest him and put him back in jail, and I'll make sure he understands that.
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Uh, or he stays out of the bars or he can't drink.
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Well, yeah, we can make that a condition.
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Uh lots of times the judges do that, but we can reiterate that condition.
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Or he's got to get a job.
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He's got to go find a job, okay?
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You know, if he's totally depressed and can't find a job, what are we gonna do about that?
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As long as he's looking, uh, we'll be there for emotional support and try to help him find a job and and things like that.
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That's what we can do in that circumstance there.
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Uh the judges don't they they just set a bond.
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They they they can't be, they have to be impartial.
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Because they've heard what the the prosecutor is pro and forth of them.
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Well, they did this and this and this.
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And then if the person has an attorney, he's gonna say, well, this is an exaggeration, and the judge does that.
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But he can't really talk to the individual like the bondsman can.
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I can sit there, go to the jail, sit in the cell with him right there and say, okay, let's talk about let's work this out.
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How are you gonna fix this?
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How are you gonna make sure this doesn't happen again?
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And and you lots of times they're really remorseful.
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Well, they're really remorseful when they're in jail because all they're thinking about is I just want out of here.
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The other thing you got to take into consideration when you're putting this bond is he's gonna lose his job.
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Because that is how the family survives is off his job.
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If he loses his job, now stress has even got more intense because now so lots of times we bond him out just to save his job.
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If he gets arrested on a, you know.
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The funny thing about domestic violence that I I don't really have the stats in front of me.
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One of the times that is really a peak season is the Sunday after Thanksgiving.
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There is a lot of domestic, there's usually I'll say the Sunday after like a three-day weekend or something like that.
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But Thanksgiving seems to be the most stressful because the family gets together, and by the time Sunday, their their nerves are stretched as far as you know, you know what I mean?
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And they just they just snap, and then there's a fight, and then this and that.
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But that is one of the peaks, and the same thing as the Sunday after Christmas, too.
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That's another stressful time and stuff, because it's that time, and a lot of alcohol is consumed and stuff like that.
00:17:48.859 --> 00:17:53.180
Uh, a lot of times uh I will hear he's just a mean drunk.
00:17:53.259 --> 00:17:54.859
Well, then he should quit drinking.
00:17:55.099 --> 00:18:03.819
Anyone that's been called a mean drunk, he needs to he or she needs to realize that it's probably time to give up drinking.
00:18:04.299 --> 00:18:12.539
And uh my my stepdad beat me when I was a kid and he was a mean drunk, but nobody intervened back in I'm telling you my age.
00:18:12.779 --> 00:18:19.339
I was in the 60s when when I was a kid, and and my mom married a man and he was very uh violent.
00:18:19.420 --> 00:18:21.740
She was my mom, and as well to me.
00:18:21.819 --> 00:18:27.259
I used to take beatings for my little sister because um I that was just the big brother thing to do.
00:18:27.339 --> 00:18:31.339
She was three years younger than me, and she'd screw up and I'd say, No, I did that.
00:18:31.500 --> 00:18:34.859
And and I'd get, you know, I'd I'd get whippings all the time.
00:18:35.099 --> 00:18:38.539
And it was with uh his his preference was a belt.
00:18:38.859 --> 00:18:40.140
He'd use the belt.
00:18:40.380 --> 00:18:42.539
And I used to I used to hate that.
00:18:42.779 --> 00:18:45.500
But uh and and he beat my mom too.
00:18:45.579 --> 00:18:46.220
I mean, it was terrible.
00:18:46.299 --> 00:18:52.619
We ran and hid from him several times, but back then we didn't have the help that we have available today.
00:18:52.779 --> 00:18:55.099
There was no intervention people.
00:18:55.180 --> 00:19:01.819
Um when when there's domestic violence in most states, there is a group of people they can call and and get help.
00:19:01.900 --> 00:19:08.700
And lots of times the police will have the victim send, or they'll send somebody to the victim and say, You want to talk about this?
00:19:08.859 --> 00:19:10.539
Here's your rights, here's what you can do.
00:19:10.619 --> 00:19:15.420
I'm sure you know about all that, Andrew, with your podcast, but those are those people are important.
00:19:16.460 --> 00:19:24.380
And and um in in most states, the person cannot get out of jail until the victim is notified.
00:19:24.779 --> 00:19:25.019
Okay.
00:19:25.660 --> 00:19:31.900
Yeah, that that that that is the probably one of the best things to have available.
00:19:32.140 --> 00:19:40.619
Um and there's lots of times when when uh the indemnitors and the people are at the jail with me and we're trying to bond them out.
00:19:40.859 --> 00:19:41.819
What's taking so long?
00:19:41.980 --> 00:19:42.779
What's taking so long?