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Gun Control in the United States

Posted on: July 26th, 2012 by Jonathan Scarborough

gun control

Gun control is a topic which rages in the forefront of modern politics within the United States. As a nation, we are known for having some of the most lenient gun control laws in the world which is a step outside the norm for most first world nations. Although gun control is an issue which threatens to compromise the security of citizens all across the nation, the answer cannot be simply sought after by the federal or state governments alone.

Why is gun control so difficult?
The topic of firearms is one which strikes a chord differently between the mentality of our citizens. It is considered to be one of the fundamental rights as an American by most, however there are some which feel that our laws are outdated and stricter legislation is needed to prevent violence related to guns. As a country that essentially started from a militia rebellion the right to bear arms has been ingrained in our culture since the birth of this nation.

Why is gun control important?
One of the leading causes of the gun control debate stems from the violence occurring from drug cartels in Mexico. As the saying goes, “drugs flow North, guns flow South”. This is the lifeline of the drug cartels who have adopted the strategy of purchasing American guns to fuel their violence and criminal enterprises. Controversies over incidents such as the “Fast and Furious” botched sting operation which directly resulted in the death of one border patrol agent are bringing the issue to the forefront of politics.

Additionally, violence which occurs domestically in the United States brings forth more questions on why gun control legislation is not being considered. Looking back on our history we have had a number of violent incidents which entailed a gunman wreaking havoc on civilians. Some of these incidents include the Columbine shooting, North Hollywood shootout, the Beltway sniper, Virginia Tech massacre and more recently the Aurora Colorado movie theatre shooting. Incidents such as these combined with the weekly homicides in our metropolises are some of the driving forces to gun control legislation.

What kinds of firearms can I possess?
Firearm possession laws are largely determined by the state governments with limited control by the federal government. This means that depending on the state you live in, the right to purchase and possess certain firearms may be restricted. The right to carry, for example, fully automatic firearms is not illegal within the US however it is regulated. These weapons are referred to as Class 3 weapons and require registration with the federal government.

The four major laws that influence the purchase and sale of Class 3 weapons are the National Firearms Act, Gun Control Act, Firearm Owners Protection Act and Hughes Amendment. The latter of these was passed in 1986 which essentially means that fully automatic firearms can only be possessed if they were manufactured and registered prior to May 19, 1986. Despite this, it is still possible to purchase a Class 3 firearm so long as it existed before this date.

What kind of weapons can a bail bondsman carry?
The type of weapons available for use by a bounty hunter or bail bondsman vary from state to state. Essentially a bondsman is able to carry any firearm a private citizen can possess however they can also apply for a concealed weapon permit if they have a peace officer license. The bail bonds industry is a dangerous one and as such it is important to have protection when chasing potentially unstable fugitives.

In most states a bail bondsman or bounty hunter will employ the use of less than lethal or (LTL) weapons which include pepper spray, bean bag rounds or rubber rounds when attempting the apprehension of a fugitive. This serves two purposes, one is that they need their fugitive alive to get paid and the second is to ensure there are no unnecessary legal repercussions while they are conducting business.

Law Enforcement Branches and Duties

Posted on: July 23rd, 2012 by Jonathan Scarborough

law enforcement

The United States has an immense variety of law enforcement personnel available to handle almost any task thrown their way. Our law enforcement structure is setup to accommodate and adhere to the laws set by federal, state and local governments. As such it is imperative for each department to have the resources available to accomplish their tasks as well as having cross department communication to allow greater effectiveness.

Federal Law Enforcement

US Marshals (USMS)

The US Marshal Services is the second oldest federal law enforcement agency in the United States with the U.S. Customs Service. The Marshals are responsible for protecting the federal courts, court personnel, transporting criminals and apprehending fugitives along with serving warrants. In addition to this the Marshals are typically tasked with managing seizures from criminal organizations, witness protection and chasing fugitives on the most wanted list.

DEA

The Drug Enforcement Agency is a group of federal officers who are tasked with the difficult job of combating narcotics trafficking in the United States. They often have to work closely with other agencies such as the Border Patrol, FBI or ATF as well as state and local agencies to conduct their investigations.

ATF

The Bureau of Alcohol Tobacco and Firearms is a branch of law enforcement who are responsible for investigating and enforcing taxation and the proper legal sale of alcohol, tobacco and firearms in the United States. Typically they are responsible for investigating bootlegging, weapons trafficking and illegal cigarette sales.

FBI

The Federal Bureau of Investigations is a generalized branch of the federal law enforcement which both supports and acts independently to investigate a wide variety of crimes committed in the US. This department is tasked with monitoring terrorism, narcotics trafficking, human trafficking, weapons trafficking as well as violent crimes, federal crimes and organized crime syndicates.

BOP

The Bureau of Prisons is in charge maintaining prison environments, facilities and staff to ensure safety and humane conditions are upheld for the prisoners. They must analyze the security features in a prison’s system as well as ensure occupancy levels are adhered to in addition with providing training guidelines, procedures and equipment for corrections officers across the nation.

Fish and Wildlife

US Fish and Wildlife agents are responsible for maintaining the natural resources of state and federal parks and nature reserves. They investigate the invasion of foreign species on domestic habitats along with poaching and cultivation of narcotics on federal or state parks. To a lesser extent they may ensure hunting season laws are properly adhered to and that proper licensing and requirements are met by individuals who wish to hunt or fish.

Secret Service

The US Secret Service handles a variety of tasks ranging from protecting domestic and foreign dignitaries and providing enforcement for the US Treasury. Counterfeit bills are investigated and destroyed by the Secret Service. Counterfeiting operations are considered a breach of national security as they have effects which could influence the national economy and cause inflation with US Currency.

ICE

Immigration and Customs Enforcement is one of the many agencies that works closely with the Border Patrol to stop the flow of people, narcotics, weapons, and foreign wildlife into the United States. They typically are responsible for prosecuting human trafficking, drug trafficking and weapon trafficking organizations attempting to bypass the US Customs Agents.

HSI

Homeland Security Investigations is a sub branch of ICE who are responsible for investigating both domestic and foreign threats to national security ranging from terrorism, organized crime syndicates, drug cartels and human trafficking organizations. They also work in stopping financial and cyber crimes and ensuring the security and stability of critical elements of infrastructure required to keep the country running smoothly.

Border Patrol

The border patrol works side by side with the US Customs Service to secure the nation’s borders and ensure the immigration of peoples, contraband and foreign plants and animals are stopped prior to entering the country. With a variety of tasks they are responsible for, the Border Patrol often find themselves seizing narcotic shipments, weapons shipments, stopping the spread of foreign plants life and animals, apprehending wanted criminals and enforcing immigration and customs laws on visitors entering the country.

State Law Enforcement

State Trooper

State troopers are kind of a strange class of law enforcement agents as they act similar to both federal and state law enforcement agencies. They act as the state governor’s police and can be used for a multitude of tasks including crowd control, investigations, prohibition and strikes.

Highway Patrol

Highway patrol agents are the guardians of our freeway and highway transportation systems. These officers typically have to cover a large area of land however they are only responsible for enforcing actions that occur on the highways. Since they are a state department they hold jurisdiction anywhere in the state and can therefore enforce a much larger area, although they typically handle accident investigations, interstate contraband transportation and traffic violations.

Game Wardens

Game wardens are the department of the state government who are tasked with preserving the natural resources of the state including parks, forests and beaches. One of the primary operations of the game wardens are stopping poachers, foreign wildlife invasions and ensuring parks and recreational areas are not subject to criminal organizations or vandalism.

Local Law Enforcement

County Sheriff

The Sheriff office are responsible for upholding county laws and typically serve a number of cities as well as providing security for county courts and prisoner transportation. Sheriffs tend are responsible for upholding the laws set forth by the county and individual cities within their county.

Police Department

Police departments are established by the city and are responsible for upholding the unique laws that are passed for particular cities as well as regular legislation. Police departments are the front line officers who keep the peace in the streets and ensure public safety, although investigations from police departments are much more limited than those by larger branches of law enforcement agencies.

Park Ranger

Also referred to as forest rangers, these agents can be classified as federal, state or local agents depending on the specific park they work at. National parks have rangers which are governed by federal laws while state parks would qualify as state enforcement agents and much less common are the local park enforcement agents. These individuals are responsible for maintaining a secure environment for people and wildlife that visit or inhabit their particular parks.

Campus Police

Campus police are still peace officers however they ensure the public safety of a college campus. In many cases this involves battling alcohol use on campus and preventing mischief and mayhem by college students.

Marijuana DUI Information

Posted on: July 19th, 2012 by Jonathan Scarborough

marijuana dui

Driving under the influence of drugs, or DUID as it is commonly referred to, is a crime which is receiving increasing regulations especially in states that have passed the legislation for medical use of Marijuana. With the decriminalization of Marijuana for medical use it has become top priority for law enforcement agents across the nation to find a way to regulate and minimize traffic accidents and fatalities related to the use of Marijuana.

DUI Marijuana Attorney

If you get arrested for a DUI Marijuana or DUID it is imperative to seek the aid of a defense attorney, especially one which specializes in these cases. Currently there is no concrete method to prove a THC blood level accurately to indicate an impaired state for the use of Marijuana. This makes it very difficult for the prosecution in the case to show that a driver is incapable of operating a motor vehicle due to the amount of THC consumed by the motorist.

Typically police officers will rely on confessional statements from the defendant if any are made at the scene of the arrest to prove their case in court. In many cases the charges get dramatically reduced to a dismissal or possession charge when using an attorney to defend you for a DUI Marijuana.

How can I be arrested for DUID?

The most common factors leading to an arrest for DUID are:

  1. Admission of driving under the influence to an officer.
  2. Vehicle search revealing drug possession and/or recent use while driving.
  3. Physical witness of drug use while driving.

In most cases the DUID is caused by an individual admitting to a police officer that they have consumed drugs previously in the day. If a driver is passing through a DUI checkpoint and are subject to search, possession of controlled substances can result in a DUID as well.

Is there a test cops can do for DUI Marijuana?

There are a few preliminary tests that can be conducted by law enforcement officers to determine if an individual is intoxicated at the time they are driving. However the accuracy of these tests are the center of a growing controversy in reaching a solution to regulating impaired driving more effectively.

Pupillometry

Pupillometry is the study of how the human eye portrays symptoms of impairment through pupil and eye functions. The pupil reacts almost exactly similar for all humans when it comes to responses to dilation caused by a light stimulus. Because of this new science has found correlations between impairments in certain parts of the brain and how they appear in pupil measurements. Although this method does not specifically prove a chemical substance is present in an individual it does portray impairment in specific areas of the brain fairly accurately. The downside to using pupillometry is that for a substance such as Marijuana it is that fatigue can often appear as a false positive for this chemical.

Blood Tests

Current blood tests are the only fairly accurate method to prove that an individual was under the influence of a controlled substance at the time of driving. This is again very difficult to prove for Marijuana related arrests as the chemical THC can stay in an individual’s system for up to one month after consumption although the effects do not persist nearly that long.

Can I post a bail bonds for Marijuana DUI?

Yes, posting a bail bond for a DUI Marijuana or DUID is almost the same as a regular driving under the influence bail posting however there may be additional possession charges applied in these instances. Generally it is a good idea to find an attorney immediately because in most cases they can help receive a dismissal of trial or at the very least a reduction in sentencing or charges for these offenses.

What happens when you get a DUI?

Posted on: July 16th, 2012 by Jonathan Scarborough

dui information

Driving under the influence of alcohol or controlled substances is one of the most severe types of vehicle violations resulting due to the number of accident related fatalities which occur from operation a moving vehicle under impaired conditions. So what happens when you get pulled over while you have been driving under the influence?

Police DUI Field Test:

If you are pulled over by a police officer and they have reason to suspect that you may be under the influence of drugs or alcohol, a preliminary field test is conducted to determine if an individual is capable of operating their moving vehicle. Initially a law enforcement agent will conduct a “field sobriety test” which consists of testing coordination and possible impairment effects on the driver. This will typically require tests of balance, such as “walking the line”, standing on one foot or walking and turning. Secondly the driver’s comprehension ability is tested through simple tests of following directions. These can range from repeating one’s alphabet using a range the officer selects to ensure simple repetition cannot prevail. Finally the vision ability of the driver may be tested to determine if they are capable enough to respond to changes in light effectively and avoid distraction from vision blurriness.

After the initial field sobriety test has been conducted it the officer will in most cases require the driver to submit to a breathalyzer test. This consists of having a person breathe deeply into a device which calculates a person’s blood alcohol content or BAC. If a person is over 0.08% they will be arrested for a DUI.

Can I still get arrested if I’m under 0.08%?

Yes. The 0.08% is a threshold limit meaning that any breathalyzer over this amount results in an immediate arrest. Despite this, if an individual fails the preliminary field test and passes the breathalyzer they can still be arrested for driving impaired. Since alcohol can affect people of different body types and tolerances differently it is still possible to be legally impaired below the legal limit. In addition, any motorists under the age of 21 are unable to have any percentage of BAC while operating a motor vehicle.

What is the legal limit?

The legal blood alcohol content limit in most states is %0.08 which had been severely reduced since the 1980’s during a push for stricter drinking and driving laws. Prior to the 80s the limit was between 0.10% and 0.15% however due to the number of fatalities this had to be regulated more heavily. For commercial drivers the limit is much lower at 0.04% in most states.

Can I refuse a breathalyzer?

Yes it is always possible to refuse submission of a breathalyzer test, however this is generally not a very good idea. Refusing this test is considered failure to comply with a law enforcement agent which will result in the driver’s detention pending a further investigation. The motorist will be taken to the police station and booked followed by a blood test to determine what their blood alcohol content is. Although refusal to submit to a breathalyzer test is possible this should be avoided at all costs because it tends to still end in an arrest and a judge will have less sympathy for a defendant that fails to comply with law enforcement agents.

Can you post bail for a DUI?

Yes, DUI arrests are typically allowed to post bail after their booking however they will usually have to spend the night in sobriety holding. When posting a bail bond for DUI arrests it can be done directly to the courts for the full amount of the bail set which will typically be refunded after the trial’s conclusion, or it can be processed through a bondsman which would result in a lower expense paid by the defendant however no refund will be provided with the lower bond amount.

Trayvon Martin Case: Bail Revoked for George Zimmerman

Posted on: June 28th, 2012 by Jonathan Scarborough

trayvon martin case

The Trayvon Martin case is one which has made national and some international headlines due the nature of the crime and the local law specific to the State of Florida “stand your ground” which allowed the defendant in this case, George Zimmerman, to remain free after shooting and killing a 17 year old African American boy. The case in its self, although tragic, would most likely not have made national headlines if it were not due to the freedom that was provided to George Zimmerman via Florida’s “stand your ground law” after his admittance to shooting an unarmed underage boy.

Although initially this case was seen as being insensitive to the greater African American community the American public was soon enlightened of the quirky loophole potential of this law. Many are still outraged by the way the police initially handled the case. But not all things are going in George Zimmerman’s favor as it may appear to the public. After being released on $150,000 bail set by the judge in Sanford, Florida the decision has been re-analyzed and the judge has decided to revoke the bail bond provided by George Zimmerman.

Why was George Zimmerman’s bond revoked?

When the initial bail amount was set by the judge during the bond hearing a financial analysis was conducted on George Zimmerman who along with his wife claimed they were penniless at the time. Due to this claim the bond amount was set lower than normal to the $150,000 that was paid by the Zimmerman couple. Afterwards, this amount was paid almost immediately leading the judge along with prosecutors to suspect there may be some foul play involved. After the decision to conduct an investigation into this issue the State Attorney who is assisting in prosecuting this case found her suspicions were confirmed through the phone calls made by George Zimmerman while he was in jail.

Material Falsehood:

George Zimmerman was found to be using coded language to mask his discussions with his wife Shelly Zimmerman relating to transferring money they had received from a fund raising website that was setup shortly after his initial detention. This behavior is classified as “material falsehood” which allows the judge in the case to re-analyze the defendant’s eligibility to post bail for their trial. Due to the deceit displayed in the initial hearing the judge made the decision to revoke the previous bail amount paid by the Zimmerman family.

In addition to this Shelly Zimmerman has been detained for her involvement in the deceitful information provided and she has been charged with perjury for lying to the judge about their finances prior to posting bail. Compounding on the lies told to the court, it was discovered that George Zimmerman had a second passport (seeing as he had to give up his passport temporarily while out on bond). Zimmerman’s lawyer, Mark O’Mara, is claiming responsibility for not turning in George’s second passport in a timely manner.

Case built on credibility:

Since the basis of the defense’s argument in this case is relying on the credibility of the defendant’s testimony in conjunction with the “stand your ground” law combined with the potential flight risk of a suspect out on bail with a valid passport it was determined that George’s bail should be revoked to ensure a consistent trial. The outcome of the combination of these factors is likely to directly affect the manner in which his defense approaches this trial as well as the possibility of how jurors may portray the defendant after learning of this news.

Luckily enough, George Zimmerman most likely posted a cash bond directly to the court as opposed to posting a surety bond with a bail bondsman who would’ve most likely absorbed the loss of this bond in this instance. This could have been a costly mistake for an Orlando bail bonds agency.

Los Angeles Gang Crimes Decline, Bail Habits Change

Posted on: June 21st, 2012 by Jonathan Scarborough

la gang violence

Bail habits change with crime rate decline.

Los Angeles is a city which had some of the worst gang violence in the nation throughout the late 1980s and early 1990s. Los Angeles has been known as the city with the largest gang violence rate in the nation with New York City as the only comparable second despite being a drastically larger city in terms of population. Los Angeles is the only city in the nation where gang related violence is more predominant in murders than in drug offenses. California in general is linked to a large number of gangs and crimes that occur related to these gang infrastructures. A study in 2008 stated that the five most gang infested cities are Los Angeles, Oakland, Long Beach (within Los Angeles County), Newark and Oklahoma City.

Throughout the mid 1990’s Los Angeles was a city where gang murders dominated the headlines and police chases were such a frequent occurrence that they regularly interrupted after school cartoons with breaking news reports of another high speed chase. It was believed by many that the city could not recover from the level of violence that occurred throughout this era. One murder would often stir up retaliation between gangs leading to feuds that could persist for several months and in some cases up to several years.

In the early years of 1991, 1992, and 1993 over 1,000 citizens of the City of Los Angeles were murdered annually with the majority of these being directly related to gang retaliation and innocent citizens gunned down in gang crossfire. This led police to begin developing smarter law enforcement tactics which has coined the term “data-driven law enforcement”. It was realized by law enforcement agencies that the majority of violent crimes which occurred were classified as repressible crimes which could be prevented by increased patrols and policing habits.

With the realization that data and enhanced tactics could curb a large portion of crimes the Los Angeles police department in conjunction with other supporting law enforcement agencies have began setting an example to the nation on how to clean up crime ridden streets. So what are some of the factors that helped to decrease the rate of crimes among gangs in Los Angeles?

Community Programs:

Community programs were an integral part of the law enforcement officials in Los Angeles County. Gang activity is typically territory oriented which tends to effect specific communities. In many cases gangs would employ fear and intimidation tactics to dissuade members of the community from reporting crimes or providing information to the police department. In many gang ridden areas the communities did not trust law enforcement agents so community outreach programs were put in place to help mend the trust relations between police departments and communities.

Additionally community programs have been implemented within the prison systems in the State of California that help to rehabilitate gang members. One of the most difficult challenges law enforcement agents face is attempting to dissuade a paroled gang member from joining back up with their old associates. Previously there were no intervention methods or help for a former gang member to provide the support they needed to leave their gang lifestyle behind. Many of these individuals grew up within a gang culture from a very young age and are not accustomed to how citizens properly act within society.

Revised Legislation:

Another method used by law enforcement agencies in conjunction with state political and judicial agencies was the passing of legislation to increase sentences for gang related crimes, repeat offenders and specific crimes. One of the most known uses of this was with the passage of California’s 3 Strike Law in 1994. This law was proposed in State Legislation and was voted into the state by its citizens. The law would be further amended in 2000 in California’s Proposition 36 where drug related offenses should prioritize rehabilitation programs over life sentences for drug addicts convicted of non violent offenses.

Data Driven Investigations:

The use of technology and data has significantly increased the effectiveness of law enforcement personnel. Both national and statewide databases have been developed in attempts to link unsolved crimes and patterns of violence. This has allowed police officers to intervene on more and more crimes before they occur or while they are in progress as opposed to investigating these after they occur. Additionally gang databases have allowed increased interception of drug shipments and the dismantling of the financial structures of sophisticated organized crime syndicates.

Changes in bail bond habits:

With the decrease in crime rate since the mid 1990’s there has also been a significant change in bail bonds consumer habits which reflect an interesting insight into some of the issues cities like Los Angeles face. Prior to 1996 the most commonly used bond type was a property bond or a bond of other asset value, however with the decrease in crime rates the bail bonds industry has seen a decline in this particular bond type. The most frequently used bail bond now is the surety bond which has gained popularity after the passing of stricter legislation and a decrease in overall crime in Los Angeles. From this trend one can infer that the families of individuals facing criminal trials are less likely to put property or other valuable assets up as collateral to bail their loved ones out of jail.

Cuba’s Prison Crisis

Posted on: June 14th, 2012 by Jonathan Scarborough

Cuban Prison Condition

Overcrowded Prison System in Cuba

Cuba is a country which is severely limited to not only western media, but the outside world in general. It is one of the few countries left in the world that operates off a communist system and is also one of the most isolated nations outside North Korea. So when news was released by one of the state’s newspapers of the communist regime regarding the inmate population within Cuba it came as a surprise to most of the world.

The latest reports state that there are approximately 57,000 inmates currently serving time in jails or prisons throughout Cuba. This averages out to approximately 518 out of every 100,000 citizens of the island nation are currently in jail. Although this may seem like a large number of inmates it is actually less in terms of the percentages that are in prisons in the United States where we have approximately 730 out of every 100,000 citizens in prison.

Despite the numbers released by the communist newspaper “Ganma”, many still believe that these figures are actually greater than reported and range between 70,000 to 100,000 inmates. The state of the inmates is currently listed as improving, with approximately 23,000 of the 57,000, or 40%, of the inmate population currently holds jobs and receive pay for their work. The Cuban government has stated that they have a financial plan in effect to improve the infrastructure of their prison systems by 2017.
Interestingly enough, the latest reports also claim that Cuba’s main criminal problem is now lies in White Collar crimes which has been an increasing trend for the past decade. An approximated 10,000 inmates are currently being held for white collar crimes. Cuba’s release policy is also reported as being fairly lenient with an approximated 10,000 prisoners that were released this year so far. Of this figure 2,900 of the release were done as a New Year’s good will gesture.

Despite the results of these figures the problem with the living situation in Cuba’s jails is an aspect that needs great improvement. A UN hearing is scheduled to start in late May to investigate the use of cruel and unusual punishment as well as claims of torture. One of the aspects that has hampered Cuba is its inability to investigate the activities that occur at Guantanamo Bay from which Cuba’s government has received criticism for being unable to exercise their sovereignty over an area of their nation.

Video smuggled out by Cuban inmates

Several videos were released earlier this year which was smuggled out of prisons in Cuba documenting the poor conditions inmates are facing. The primary complaints by Cuban inmates are the lack of healthy food and poor quality of living conditions both factors which become exponentially unbearable with the overcrowded state of the current prisons.
The prison in question is the notorious Combinado del Este facility located just outside of Havana which is now under close watch by human rights organizations. Since the release of the ten video tapes which are believed to have been recorded throughout January Combinado del Este is considered to have one of the poorest sanitation in Latin America.

Benefits of Bail Bonds

Cuba is a nation that could benefit greatly from a service such as bail bonds to help alleviate some of their overcrowded prison conditions. Although bounty hunting is illegal in most countries throughout the world with the exception of the United States and Philippines bail bonds are a service which are offered in most first world nations to help grant the defendant a fair trial. Bail bondsmen provide a service not only to the public but they also assist judicial officials by assisting defendants in their acquisition of bail.

Violent Crime Statistics in 2010

Posted on: April 9th, 2012 by Jonathan Scarborough

Violent Crime Statistics

Violent crimes are classified in four categories consisting of murder, rape, robbery and aggravated assault. Crime statistics are initially collected by individual police departments at the time a criminal defendant is booked at a police station however this data is collected and compiled nationally by the FBI in what is called the UCR (Universal Crime Reporting Program). This allows the nation and individual law enforcement agencies to assess how effective their tactics are working to combat particular crime types as well projecting crime trends to show where new strategies need to be employed.

Violent crimes have been on a downward trend overall for 2010 totaling at an estimated 1,246,248 reported violent crimes throughout the nation. Of the violent crimes reported during 2010 the largest majority occurred in aggravated assaults which made up for 62.5% followed by robberies which made up for 29.5% of the violent crimes reported. Rape was reported to make up 6.8% and lastly murder made up for 1.2% of the nation’s violent crime occurrences for the year.

Overall the nation’s number of violent crimes has decrease 6% from 2009 and has been on a steady decrease for the past 5 and 10 year comparisons. When referring to violent crimes, it is implied that a weapon is generally used to commit these offenses. As such statistics on the weapon type used in these crimes is recorded and published by the FBI with the exception of rape reports which do not record and publish statistics on the type of weapon used.

Firearms are of particular concern to law enforcement agents so data on weapons used in crimes and in specific regions of the nation are important to ensuring that our law enforcement agents are properly prepared for any situation they may encounter. Nationwide firearms were used in 67.5% of the nation’s murders, 41.4% of the nation’s robberies and 20.6% of the nation’s aggravated assaults.

Homicide Weapon Statistics:
67.5% of murders used a firearm.
13.1% of murders used a knife or cutting instrument.
13.6% of murders used an unknown or dangerous weapon.
5.8% of murders involved unarmed assailants.

Robbery Weapon Statistics:
41.4% of robberies occurred using a firearm.
7.9% of robberies occurred using a knife or cutting instrument.
8.8% of robberies occurred using other weapon types.
42.0% of robberies were classified as “strong-arm” robberies.

Assault Weapon Statistics:
20.6% of aggravated assaults occurred using a firearm.
19.0% of aggravated assaults occurred using a knife or cutting instrument.
33.1% of aggravated assaults occurred using other weapons (clubs, blunt, etc).
27.4% of assaults were reported by unarmed assailants.

These statistics are further broken up to indicate weapon percentages which occurred in generalized areas of the country typically consisting of the Northeast, Midwest, West and South. The data collected in these reports can help fuel legislation such as gun control laws, concealed weapon laws and police search and seizure laws for particular states.

Northeastern United States:

Firearm stats:
64.4% in homicides reported, 33.4% in robberies reported, 14.9% in assaults reported.

Knife and cutting instrument stats:
16.5% in homicides reported, 10.2% in robberies reported, 22.4% in assaults reported.

Other weapons (blunt, unknown) stats:
14.5% in homicides reported, 8.6% in robberies reported, 34.2% in assaults reported.

Unarmed stats:
4.6% in homicides reported, 47.7% in robberies reported, 28.4% in assaults reported.

Midwestern United States:

Firearm stats:
71.9% in homicides reported, 45.0% in robberies reported, 23.6% in assaults reported.

Knife and cutting instrument stats:
8.7% in homicides reported, 5.4% in robberies reported, 17.1% in assaults reported.

Other weapons (blunt, unknown) stats:
14.1% in homicides reported, 9.2% in robberies reported, 29.5% in assaults reported.

Unarmed stats:
5.3% in homicides reported, 40.3% in robberies reported, 29.8% in assaults reported.

Western United States:
Firearm stats:
65.0% in homicides reported, 31.8% in robberies reported, 17.5% in assaults reported.

Knife and cutting instrument stats:
14.9% in homicides reported, 9.1% in robberies reported, 17.4% in assaults reported.

Other weapons (blunt, unknown) stats:
13.6% in homicides reported, 9.4% in robberies reported, 34.0% in assaults reported.

Unarmed stats:
6.6% in homicides reported, 49.7% in robberies reported, 31.1% in assaults reported.

Southern United States:
Firearm stats:
68.1% in homicides reported, 49.5% in robberies reported, 17.5% in assaults reported.

Knife and cutting instrument stats:
12.8% in homicides reported, 7.0% in robberies reported, 17.4% in assaults reported.

Other weapons (blunt, unknown) stats:
13.0% in homicides reported, 8.2% in robberies reported, 34.0% in assaults reported.

Unarmed stats:
6.1% in homicides reported, 35.3% in robberies reported, 31.1% in assaults reported.

Posting Bail to Get Out of Jail!

Posted on: March 5th, 2012 by Jonathan Scarborough

bail out of jail

Bail Bonds Information

When a person is arrested for a crime they will typically be allowed to post bail with the court in order to be released from custody pending the outcome of the trial. This is commonly referred to as posting bail, however there are actually a variety of methods to post bail. In some states the courts may accept bail payments directly. This is a recent occurrence which is a part of the legislation restrictions and crack downs on commercial bail bonds agencies.

What happens after I’m arrested?

If you have been arrested for committing a crime the first thing that happens is you are taken to the local police station or jail and booked in for the arrest. During the booking process your finger prints will be taken along with a photograph and other personal information may be collected. Next you will be placed in a holding cell where you will have to await a hearing with a judge regarding your trial. Unfortunately, for individuals arrested on a Friday or over the weekend, it is most likely inevitable that you will remain in holding until Monday when the next judge is available to preside over your case.
After your hearing has been scheduled with a judge you will be transported to the court house typically in a bus or van where you a trial date will be set for your case. During this preliminary hearing the judge will typically offer you the opportunity to post bail in order to secure your release pending the outcome of the trial. Depending on the nature and severity of the crime committed, combined with the individual’s previous criminal history, the option to post bail may be denied by a judge all together.

Bail Schedule

The judge bases their bail amount off of the Bail Schedule which is a document produced annually in each county to create a guideline for bail amounts for various crimes within the county. Ultimately the judge’s discretion will determine the amount the defendant’s bail will be set at, however the Bail Schedule guidelines provide the minimum and maximum bail costs for particular crimes.

Bail Bondsman

If you are afforded the option to post bail it will typically be processed through a bail bondsman or bail bonds agent. In most states a bail bondsman is not allowed to determine the price they are charging however they receive 10% of the bail amount as a result of their services. In states like California this value is set in stone and can only be lowered to 8% depending on the client’s affiliation with organizations such as the military, credit unions, school districts or law attorneys. A bail bondsman is not allowed to offer coupons, credit or other incentives to utilize their services outside of this 2% reduction for affiliation.

After a defendant has been released on bail they are not free of the charges filed against them. They are still required to appear to all of their court dates and may be sentenced to jail after the trial’s conclusion depending on its outcome. Failure to appear in court when on bail results in a warrant for the defendant’s arrest for FTA or failure to appear.

Skipping Court Dates

If an individual skips a court date after they are released on bail the responsibility to ensure they appear in court is on the bail bondsman and the defendant. The bondsman will not receive their commission until the trial is concluded and the defendant is sentenced or cleared of charges. As a result the bail bonds company will typically contract a bounty hunter to apprehend the bail jumper in order to ensure their appearance in court and trial conclusion.

How do bail bondsmen make money?

A bail bondsman basically makes their money as an interest or commission in processing a defendant’s bail paperwork. If cash is paid up front to the courthouse this cash is returned to the defendant after the trial. With a bondsman they are essentially charging the defendant the 10% commission only and footing the complete cost of the bail amount. When the trial concludes they are refunded the full bail amount they keep the 10% supplied by the defendant which is how a bail bonds company gets paid for their services.

5 Tips to Stay Out of Jail

Posted on: February 27th, 2012 by Jonathan Scarborough
Stay Out Of Jail

Stay Out of Jail

Stay safe when going out with 5 easy tips.

Getting arrested is an event most do not plan for and can be an inconvenience not only for the person in trouble but their loved ones as well. For someone who likes to go out to clubs or bars knowing what to avoid and how to plan ahead can save time, money and a hard earned life lesson.

Know your destination!

When traveling to a club or a bar it is sometimes necessary to travel out of your normal area of comfort. You may be unfamiliar with streets, freeways and navigation in the city of your event. Some areas may not be safe or harbor gang activity which is information which allows better judgment during your evening such as selecting an appropriate parking spot and how to dress.

Areas with higher crime rates will tend to have more police activity as well. Knowing the level of police activity in an area can help to avoid getting in trouble by the law as well as a general assessment for the dangers of the general area.

Counties and cities within the same state often have varying laws. For example receiving a speeding ticket in your home city may result in an online traffic school course however receiving the same ticket in a different county may require your appearance in a courthouse in the county the ticket was received.

Don’t drink and drive!

One of the most common ways to get yourself in trouble quickly is by drinking and driving. Not only will drinking and driving lead to a criminal arrest it is an action that endangers the lives of others. Avoiding drunk drivers is a challenge that everyone faces however for an individual who is traveling to an event that servers alcoholic beverages it is almost guaranteed that an encounter with a drunk driver will occur.

Reading the news paper to before you travel can help determine if there are any sobriety checkpoints and where these may be located. Knowing where a checkpoint is setup can provide useful for a driver who wishes to avoid drunk drivers. Areas where checkpoints are setup are typically choke points between an area known for drinking and the freeways. These are typically setup in a strategic manner by trained law enforcement agents where a higher rate of drunk drivers are expected. Avoiding these general areas during holidays or weekends will help to minimize the risk of encountering a drunk driver.

Avoid fighting and confrontation!

Alcohol is known to bring about violence and irrational behavior in individuals who over indulge in this beverage. Fights are commonplace in an environment where alcohol fuels the primary form of entertainment for a large group of people. Avoiding confrontation is the best way to minimize the risk of getting in a fight with someone at a bar or club which can result in serious injury or criminal charges regardless of the outcome of the confrontation.

If an individual appears to be overly intoxicated it is a good idea to avoid the situation all together. Moving to another location can resolve this typically and distancing yourself from a belligerent individual is the best way to avoid an argument. This goes hand in hand of course with moderating your own alcohol consumption to ensure that you are not the belligerent individual in a social setting.

Read street signs!

Staying aware of your surroundings is one of the best ways to avoid trouble from a general standpoint. When driving in an unfamiliar city reading the street signs can avoid trouble with law enforcement agents. Committing a vehicle violation in a construction zone results in increased rates usually to the tune of three times higher. Maintaining awareness of general traffic signs such as speed limits, allowable turns at intersections, and zoning notifications (school, construction, etc…) allows a driver to avoid being pulled over by a police officer and harming others.

Manage your budget!

A common arrest in cities that have bar districts is one which may not be as apparent as some may think: the dine and dash! This does not only refer to skipping out on a restaurant bill but applies to bars and taxis as well. As funny as it may sound skipping out on a taxi fair is an arrest that occurs frequently. Ironically this can be avoided easily enough by simply being responsible and managing your budget.

Abiding by a few simple rules and applying some planning and foresight to an outing can ultimately result in avoiding an arrest or dangerous situations. Arrests can ruin careers, relationships, lifestyles and lives along with irresponsible behavior. Arrests are costly and typically result in a family member having to contact a bail bondsman on your behalf to post bail which adds stress on your loved ones as well. Learning how to avoid trouble more efficiently results in a better quality of life for an individual that engages in cautious behavior.