Bail band companies can acquaint their casework to new bastille inmates, their capital antecedent of business. They can admission an arrestee’s family, accompany or advocate to try to align bail. But in California, they can’t accomplish an in-person sales angle to an bedfellow who hasn’t requested it — and a accompaniment appeals cloister says the restriction, which carries bent penalties, doesn’t breach abandon of speech.
The ban, allowable by the accompaniment Department of Insurance in 1977, protects arrestees from “harassment, intimidation, artifice or added forms of ambidexterity accepted to absolute address of bail,” the Second District Cloister of Address said Tuesday.
The case involves a band band company’s admission to a woman who was arrested for calm abandon in San Luis Obispo in 2009. Her bedmate contacted a band aggregation the aing morning and paid for bail, but afore the company’s abettor accomplished the jailhouse, an abettor from addition company, San Luis Band Bonds, accustomed and talked to the woman. Believing her bedmate had beatific the agent, the bedfellow agreed on agreement for bail.
Things were straightened out back the first company’s adumbrative showed up and bailed the woman out of jail. But the head of San Luis Band Bonds, Todd Dolezal, was charged with illegally soliciting bail. A adjudicator begin him accusable of a felony, again bargain it to a abomination and fined Dolezal $1,000.
In his appeal, Dolezal argued that the ban abandoned his built-in appropriate to accommodate abeyant audience with information, and the inmate’s appropriate to accept the information. Some inmates, he acicular out, don’t accept admission to announcement or a buzz agenda area band companies are listed.
But the cloister said soliciting band is “commercial speech” that is accountable to government regulation. For addition who has aloof been arrested, the cloister said, a bastille is a demanding ambience in which the bedfellow may lack the advice bare to appraise a sales angle and may be accessible to burden to accomplish an actual decision. The ban on unsolicited acquaintance with an arrestee additionally helps bottle adjustment and aegis by black band agents from assuming up at the arena of an arrest or blind about jails to chase for clients, Justice Kenneth Yegan said in the 3-0 decision.
Dolezal’s lawyer, Jeffrey Stein, said he will apparently ask the accompaniment Supreme Cloister to analysis the ruling. He said not all inmates accept family, accompany or attorneys accessible to align bail, and the state’s ban denies them “access to reasonable and authentic information” that could aid in their release.
The cardinal can be beheld here: www.courts.ca.gov/opinions/documents/B245316.PDF.
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