A month into New Mexico bail reform, bondsman’s business suffers

A bail bondsman told ABC-7’s New Mexico Mobile Newsroom his business is suffering greatly a month into the state’s sweeping bail reform.

The traditional method of requiring most defendants to post bond bond is largely a thing of the past.

Last November, New Mexico voters approved a constitutional amendment requiring prosecutors to file for pre-trial detention if they can demonstrate an accused person poses a danger to the community. If so, the accused person will be held without bond. If the defendant is not considered a threat, there’s a good chance he or she will walk free until trial with a simple promise to appear for upcoming court dates.

Most suspected criminals are released within hours of their arrest with the promise that they will return for court proceedings, confirmed Damien Willis, a spokesman for the Doña Ana County District Attorney’s office.

“The majority of people are getting released on their recognizance,” said Lisa Gonzales, who works for Dario Gomez Bail Bonds.

The change went into effect on July 1st, Willis said. Prosecutors filed their first motion on July 3rd and the first hearing was held on July 6th.

Since then, hundreds of people in Doña Ana County have been arrested, Willis confirmed. Of those hundreds, the District Attorney’s office has asked that 48 people receive pre-trial detention. Of those numbers, only seven were held without bond in the month of July. All the rest were released on their own recognizance.

Under the old system, Gomez Bail Bonds stood to forfeit the bond it posted if a client didn’t show up for trial, so Gomez kept close track and made sure they didn’t forget court dates.

“I’m taking a hit, right?” Gomez said. “But I’m also bothered by the system letting people get away with crime.”

Gomez told ABC-7 that under the new system, the state will until a defendant doesn’t show up to court, then issue a warrant for their arrest. That adds to the caseload of an already overburdened system, Gomez said.

“People are being released without supervision,” the bondsman said.

Gomez acknowledged his business has taken a huge hit, but said he is also concerned criminals will get arrested repeatedly for the same crime.

“I can see them getting arrested for the same crime over and over because they feel that there is nobody there, or nobody to make them go suffer the consequences of their actions,” Gomez said.

Gomez estimates that his revenue has dropped by 60 percent since the change took effect in early July.

“It’s pretty frustrating for many reasons, not just hurting our business,” Gonzales said.

Doña Ana County District Attorney Mark D’Antonio released a statement, that read in part:

“At best, the new rules for pre-trial detention are a fallible system. We must rely solely on the interpretation of the facts available to us – often hours after the arrest. It would be unjust for us to suggest that everyone arrested be detained until trial. Not only would it be unjust, it is also unconstitutional.”