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Don't Blame Bail Agents for Bail Reform's Failures

Don't Blame Bail Agents for Bail Reform's Failures

(Chris Boswell/Dreamstime.com)

By    |   Monday, 28 October 2024 01:09 PM EDT

(Editor's Note: The following opinion column does not constitute an endorsement of any political party, or candidate, on the part of Newsmax.)

OPINION

After escaping domestic violence with two toddlers in tow and another in my belly, I embarked on a journey. I hold positions as the President of the New York State Bail Association (NYSBA) and the National Association of Bail Agents (NABA).

I am a mother of four and grandmother to five grandchildren.

I have been an active voice in New York's criminal justice community for three decades.

In 2012, social justice advocates arrived in Albany, screaming that bail reform would resolve New York's criminal justice issues.

Senate Republicans in the New York State Assembly held this legislation off for six years, recognizing the dangerous threat to public safety.

However, when the New York State Senate turned Democratic in 2018, bail reform once again became priority number one for then-Gov. Andrew Cuomo, D-N.Y.

I was told at the time that anyone questioning this extreme left agenda would result in career repercussions.

In April 2019, Gov. Cuomo inserted this sweeping piece of legislation into his omnibus budget, but few had the chance to read it.

After bail reform passed, the NYSBA visited then-State Sen. Jim Gaughran on Long Island. The senator admitted being unaware that "vehicular homicide" was reclassified as a non-bailable offense.

In fact, our NYSBA board met with many elected officials with similar hindsight.

As bail professionals who work in New York communities, we cautioned policymakers to roll this out slowly, however, Cuomo dictated otherwise.

Having been a victim myself that works within the criminal justice system, I understand the importance of supporting those affected by crime.

I recognized the urgent need to advocate for victims’ rights when bail reform was implemented on Jan. 1, 2020.

I founded a non-profit organization: The Victims Rights Reform Council to shift the focus back to the rights of crime victims in a landscape heavily oriented toward offenders.

The bail profession has been unfairly targeted and portrayed as villainous, even though we work hard to support our communities.

Our roles are not glamorous, but neither are some other professions.

Lacking the lobbying power of larger organizations, we have been demonized.

Yet, we are the ones ensuring that accused individuals appear in court and we take our responsibilities seriously.

Our industry includes family-owned businesses, minority owned businesses, veterans, retired law enforcement officers, people from diverse backgrounds, such as the LGBTQ community. Also, we have many women in leadership roles.

Working in the bail profession can be dangerous, especially in a political climate undermining law enforcement and disregarding order.

Recently, one of our dedicated fugitive recovery agents was shot multiple times while serving a warrant and is currently hospitalized in Akron, Ohio. Fugitive recovery agents risk their lives daily to return the warranted while America sleeps.

Judges often set secured bail because they recognize our commitment to public safety.

Our profession plays a crucial role in the functioning of the criminal justice system. In cities with high crime rates, such as Chicago, secured bail does not exist due to political influence.

The days when policymakers prioritized public safety over misguided policies are long gone. Our Fugitive Recovery Agent teams work closely with the U.S. Marshals Service, relying on one another for support in critical cases.

Our work protects crime victims by ensuring that the accused show up in court, allowing victims and their families to make their voices heard during sentencing.

Unfortunately, today’s policymakers have lost sight of the rights of law-abiding citizens, focusing instead on the rights of offenders.

We also play a critical role in releasing the accused (innocent before proven guilty) back to their loved ones to prepare for trial.

The war on the bail industry does not begin or end in New York.

In Bozeman, Montana, Judge Karolina Tierney, effectively dismantled the bail business of U.S. veteran John Looney, who ironically is also a Republican candidate running for the Montana state house. This situation is now headed to federal court.

John Looney, the president of the Montana Bail Association, exemplifies patriotism.

This is a clear case of lawfare at its worst. People in our industry are still unfairly targeted.

We are good people — parents, taxpayers, law-abiding citizens, your neighbors, and valued members of your communities.

The criminal justice system is in disarray.

Although ethical guidelines prohibit judges from injecting political bias into their decisions, we witness this occurring regularly. In places like Charlotte, North Carolina, offenders are released daily on a "promise to appear," and similar trends are evident in Colorado, Indiana, and nationally.

Meanwhile, the number of victims continues to rise.

This is the reality of bail reform.

Remember these issues affecting our safety, when you vote on Nov. 5.

Michelle Esquenazi is the president of The National Association of Bail Agents, the president of the NYS Bail Association, and the CEO of Empire Bail Bonds, New York's largest family-owned secured bail company. She is also the founder of The Victims Rights Reform Council.

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Politics
The days when policymakers prioritized public safety over misguided policies are long gone.
fugitive
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2024-09-28
Monday, 28 October 2024 01:09 PM
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