As I mentioned in a much earlier thread, our district judge specifically suggested (encouraged) that a 15% cash deposit bond be utilized by our sheriffs as a mechanism for funding the appointment of counsel (he wants to trap the funds to reimburse the county at the end of the case). In my opinion this illegal practice will stop only when the law changes (no longer illegal), or when some defendant successfully challenges the forfeiture of the cash deposit (on the basis the bond was illegal). The bail bondsmen have consistently won out on this issue except where it counts-- at the jailhouse door.
And the conflict of interest created by that practice is, in my opinion, enormous. How many times have we suggested that the defendant convert the cash bond into the means to pay for a fine, only to have the defense attorney decline, claiming it as his fee?
Yup. And, of course, aside from the "prior assignment" to the attorney issue, you will have the cash posted by a third party, who will certainly claim he did not intend to donate his funds to the defendant or anyone else. I will be surprised if the bondsmen let the new proposal become law, especially in light of the recent victory with the AG.
