In this episode of the New Jersey Criminal Podcast, host Louis Casadia (https://LaceLaw.com ) speaks with Texas attorney Ken W. Goode about the intricacies of bail law, comparing the systems in Texas and New Jersey.
They discuss personal experiences, the evolution of bail procedures, recent legislative changes, and the implications of bail reform on the criminal justice system. The conversation highlights the challenges and critiques of the current bail systems, emphasizing the importance of judicial discretion and the role of prosecutors in bail decisions.
This conversation delves into the complexities of the bail system, focusing on the differences between the New Jersey and Texas models.
It explores the implications of detention hearings, the role of presumptions in bail decisions, and the impact of family involvement on court appearances.
The discussion also critiques the current bail system, addressing the challenges faced by low-income individuals and the consequences of failing to appear in court.
takeaways
Ken W. Goode is a Texas attorney specializing in bail law.
Bail serves as assurance for defendants to appear in court.
Texas has seen recent legislative changes strengthening bail laws.
The bail system in New Jersey has undergone significant reform since 2017.
Judicial discretion in setting bail is crucial for fair outcomes.
The New Jersey bail reform aimed to reduce jail populations but has faced criticism.
Prosecutors in New Jersey have significant influence over bail decisions.
The Texas bail system recognizes three types of bonds: surety, cash, and personal.
Failure to appear rates are a concern in both Texas and New Jersey.
The conversation emphasizes the need for transparency in bail reform outcomes.
Not many people win an appeal over detention hearings.
The prosecutor's office sets the culture for bail hearings.
Presumptions for detention are based on the type of charge.
The New Jersey bail plan mirrors aspects of the federal system.
High costs are associated with implementing effective bail reforms.
Failure to appear rates are significantly higher for personal bonds.
Family involvement plays a crucial role in ensuring court appearances.
There are systems in place to assist truly poor individuals with bail.
Critics argue that the bail system disproportionately affects low-income individuals.
Dismissing cases can lead to increased crime rates.
Sound Bites
"I'm a girl dad and I think being a girl dad is very different."
"Bail is there to ensure that you will show up."
"We pay millions and millions of dollars every year to counties."
"Texas recognizes only three types of bonds."
"New Jersey completely changed our system."
"The makeup of the jail has not really changed."
"The district attorneys are the ones sitting bail now."
"There are presumptions based on the type of charge."
"We have systems in place to address that for the truly poor."
"Dismissing cases is another way of saying decriminalization."
Chapters
00:00 Introduction to Bail Bonds and Personal Stories
02:59 Understanding Bail Procedures in Texas
05:55 Recent Changes in Texas Bail Laws
09:01 Comparing Texas and New Jersey Bail Systems
11:56 The Impact of New Jersey's Bail Reform
14:45 Critiques of the New Jersey Bail System
18:01 Future of Bail Laws in Texas
20:55 Judicial Discretion vs. Prosecutorial Influence in Bail Decisions
24:43 Understanding Detention Hearings and Appeals
27:04 Presumptions in the New Jersey Bail System
29:48 The Texas Bail Model: Structure and Challenges
33:41 Consequences of Failing to Appear in Court
36:04 The Role of Family and Community in Bail Decisions
44:33 Critiques of the Bail System and Alternatives