March 7, 2019- (Houston, Texas) One of Houston’s leading bail bond companies, A Better Bail Bond has partnered with several local bail bond companies to fight to restore bail for misdemeanors. In January 2019, Harris County Criminal Court at Law judges voted to adopt a new bond rule granting most misdemeanor arrestees a personal recognizance bond, or “PR bond, releasing them on the spot without posting bail. This rule will not benefit the community as it will increase crime, become a safety issue, and will not hold criminals accountable for their actions.

Recently, Pasadena Police Chief, Josh Bruegger spoke out about his frustration with a Harris County Judge for releasing an 18 year-old armed robber by the name of Ja’Kouri Jones. Jones was released twice without having to post bond. After being released from jail, he continued to terrorize the community and committed 2 more crimes. “You have the frustration that we catch them and they’re turning around and sending ‘em back out,” said Chief Bruegger. The community can expect to see many similar situations with the new rules recently passed by Harris County Criminal Court Judges.

On February 15, 2019, several local bondsmen filed a lawsuit against the recently passed Bail Reform. Plaintiffs include Sharon McCleveland, Kelvin Hampton Sr. and Mario Garza. It is important for the community to understand that this more than “business” for the bondsmen, but more so the safety of the community. The new bail reform is jeopardizing the safety of the community by allowing criminals to simply be released without bond. This means those that commit the following crimes will be released back to the public to continue to commit additional crimes:

Misdemeanor Charges

Petty Theft

DWI First Offense

Disorderly Conduct Offense

Certain Weapon Possession Offense

About the lawsuit

For over 30 years, Co-owner of A Better Bail Bond, Kelvin Hampton has worked hard to help hold criminals accountable for their actions. Not only has he done his job as a bondsman, but he has led his community by assuring his company was a trusted company in Houston and surrounding areas. Whether providing toys to kids during the holidays, providing bicycles to the community at special events, helping repair homes during Hurricane Harvey, or assisting minorities with various needs, Hampton has been extremely involved within the community which is why he has a huge concern about the rate of crime tremendously increasing if something isn’t done. “It is very important the public is aware of how this affects our community. I am also a citizen who wants the betterment for our kids, schools, neighborhoods, and properties. This is not okay!,” said Kelvin Hampton.

Three years ago, several groups filed suit against Harris County alleging that bail system was unconstitutional and improper because it discriminated against the poor. Now three years later, the 5th Circuit has held that bail was constitutional. Nevertheless, it appears that the real goal of this litigation is to get rid of the private surety bail system in Harris County.

The plaintiffs are private surety bondsmen licensed by the Harris County Bail Bond Board. They have posted substantial security with the Harris County Treasurer which is being held by the county to insure that these bondsmen take care of business. Also, the plaintiffs are three small

business owners who have been in the bail business in Harris County for a combined 50 years.

The Texas Constitution grants a right to release to defendants who are awaiting trial so long as a bond is posted with sufficient sureties. Under Texas law a surety is a bail bondsman. In an attempt to resolve the current federal litigation, the misdemeanor criminal court judges

have adopted a new policy that essentially gets rid of bail bondsmen in misdemeanor bonds in Harris County. The policy seeks to change Texas law even though the Texas Legislature has not changed or amended the law.

Sharon McCleveland(Set’em Free Bail Bond), Mario Garza (1st Advantage Bail Bonds) and Kelvin Hampton (A Better Bail Bond) have filed suit to demonstrate that the new policy violates Texas law in several respects. The setting of a bail is governed by chapter 17 of the Texas Code of Criminal Procedure. The policy that has been adopted by the misdemeanor judges attempts to change the law. But that is the job of the Texas Legislature. Since the policy that was adopted violates Texas law it is improper and must be set aside.