Wisconsin is one of those unique states as well in regards to bail bonds. There is no surety or commercial bails allowed in the State of Wisconsin. If a defendant needs to have bail posted for them they will not be able to find any bail bondsman or bail agency anywhere that will be able to assist along with the process. So instead of a commercial group they will have to contact directly the county jail or and sheriff’s department. All counties in Wisconsin offer this service by simply calling the police station or local jail.
In order to find out how much a bail has been set for the defendant will have made an arrangement after the arrest has been made during a very quick court appearance which will determine how much bail is set at. The defendant will then learn what charges they have and how much bail is set at and when their next court appearance date shall be.
There is differing bail rates for Milwaukee, Madison, or Green Bay Bail and the local county courthouse or jail needs to be contacted in order to get the necessary information for a bond. Again there will be no way to find a bondsman or bail agency that will help along with this process.
When calling the office in one of the counties there are a few pieces of information that are required of the caller. First off the person who is being detained needs to have their full name listed out and date of birth and where they were born. Also they need to let the bondsmen know what day they were arrested, what type of crime it was and how much the bail was. After this they will then be able to proceed and give them the bail amount.
Bail Bonds Cost
There is no private bail in Wisconsin.
Wisconsin was among the first and only four states in America to do this. The rationale behind this was the idea that commercial bail bond systems – or “for profit” bail bonds was detrimental to the poor. The fact is it discriminated against the people who were unable to pay because of the higher outrageous type of fees that would sometimes be proposed by the courts when they knew the defendant would not be able to post bail for that amount.. This was punishing them unfairly and gave an advantage to the people who would be able to afford it.
Price are different for bail bond, but as it is the local state department that is now issuing the bonds they are much lower than other commercial bail bonds, this is dependent on how big of a crime was committed or the accused is being accused of.. Once bail is set the defendant will be released once they pay the court a minimum of 10 percent of the bail price in either cash or through property.
This greatly differs from commercial bail bonds, as the bail amount will be returned to them once the accused turns up in court on the scheduled day. Again as there are no commercial bail bonds in Wisconsin, many criminal defense attorneys are more than capable of handling Wisconsin and all other bail bonds in other American States. Now something that should be taken note of are other Bondsmen from different states will be unable to help others in need of assistance in Wisconsin
When a detained family member is looking for bail bondsman they should be redirected to go to the jails or courthouses instead to get the necessary information on how to bail them out, as the local department will have all the proper avenues streamlined for them.
Bail Bonds History
In 2014 in Wisconsin an estimated $9.5 million worth of bail money from criminals was used to help out the victims of the crime as well as help fund the state’s very legal system as well. Under a private commercial system none of this would be possible.
Here is what happens when defendants post bail. County clerks of the court are the ones who will retain the money and upon conviction they will be able to use some of the bail money for compensation of any of the victims involved in the case. If the bail was not posted by the accused themselves but a family member or friend the funds would go back to the family that it was taken from. Under a private system the counties would not receive any of this funding, drastically taking down a good form of money revenue that is helping supply the courts and victims affected in the cases.
Private Bail Bonds Backlash
This is why a large majority of judges and chief judges have begun writing proposals against this new change that some people want to implement by bringing back a private commercial bail system.
reason why all 47 judges in Milwaukee County and all 10 of the state’s chief judges have signed letters against the proposal. Milwaukee’s County Chief Judge Kremers stated that they’ll still owe that money, but try collecting it from someone who you’ve just sent to prison for 25 years,” this is in regards to bringing back the private system, which he is opposed to.
Originally this idea of the private system coming back was put into a budget bill made by the Republicans in the finance committee. It had the usual ideas like a defendant paying their 10% similar to the majority of states that still keep the private system. The only decent thing that would happen if this was passed was if the defendant did not show up to court they would be liable to pay the entire bond amount to the county clerk either by themselves or with the assistance of the private bondsmen who lent it.
Overall, Wisconsin being one of the four states not supplying commercial bail bonds has seen unintended benefits to the state, such as the victims being compensated with bail money and the money also coming back to support the legal system.