MOBILE, Ala. (WALA) - FOX10 is finding out how the bail bond process works after a man who is suspected of murder made $250,000 bond five days after his arrest.
"What happened in this case is when the defendant went to the judge on the bond hearing, we asked for high bond and for part of it to be paid in cash and the remainder to be paid in corporate surety," Mobile County District Attorney Ashley Rich said. "We did that, and the judge issued a $250,000 cash partial and partial corporate surety."
Rich said two days later at the arraignment, the judge changed the bond. She said the judge then allowed Burroughs to post a $250,000 corporate surety only bond. Rich said they believe that's how cedric Burroughs was able released quickly.
Burroughs was arrested in connection to the September 2011 murder of Darryl Casher. Casher was shot to death outside Club Atlantis, which has since been closed.
Chris McNeil with Metro Bonding said when a suspect is arrested some cases come with pre-set bonds, while other bonds are set by the judge. He said the purpose is to make sure that individual shows up in court.
"We guarantee a defendant's appearance in court weather the bond is a dollar or the bond is a million dollars. Every case is assessed for the dollar amount and the risk of the defendant with his previous history and the charge he has now," McNeil said.
McNeil has been in the bonding business for 17 years and said there are four types of bonds in Alabama:
Corporate surety bond: a professional bail bond company
Property bond: a homeowner will put his property up for a defendant
Individual surety bond: the court allows the family or friends to sign a bond for the defendant
Cash bond: the total amount of the bond is put up with the court
"We're starting to ask for a percentage of the bond in cash and a percentage of the bond in corporate surety," said Rich. "With corporate surety, they only have to post 10 percent. But in a cash situation, they have to post all the cash. So, it's more difficult to come up with a full amount of cash then 10 percent in corporate surety."
McNeil said each bond is a case by case situation.
"Every bond is a risk, and every bond is assessed for what it is. Then the bonding company writes the bond based on the risk," McNeil said.
Mobile County Sheriff Sam Cochran said how much the bond is set for is up to the judge.
"The judges set varying bonds based on the seriousness of a charge, and what they believe is sufficient to get them to return to court," said Cochran.
McNeil said on larger monetary amounts, he wants to see the defendant.
"A lot of times, on the bigger bonds, I want to see them every week. They come and check in and make a payment with me every week. And, I want to see their face in my office and see they are reporting to me just like a probation officer," McNeil said.
Cochran said in cases where it seems the same individual is arrested for numerous times or charged with a similar offense, there is an explanation for that.
"Sometimes they are out on bond, sometimes they have been sentenced or served part of their time and been released, and sometimes the charges are dismissed on them," Cochran said.
Cochran said a majority of the time, bonds work.
"Are they (the defendant) willing to lose that amount of money or are they willing to come back to court? More times than not, people come back to court when they're supposed to," Cochran said.
"If the defendant fails to appear in court, the bond company will pick the defendant up and put them back in court or the bonding company is liable to the court for the total amount of bond," said McNeil.
He said bail bond companies are just like any other business. Some bonds are financed and other bonds are paid in full up front.
McNeil said it's a case by case basis depending on what the charge is the amount of the bond.
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