Couple could lose home after bailing relative out of jail
ELMORE COUNTY, AL (WSFA) -
An Elmore County family could lose everything after helping get a relative out of jail. Their loved one turned out to be a bail jumper and now, their home is on the line. Bail bondsmen says it's a cautionary tale about the risks involved and how the tables can turn on those who mean well.
Nathaniel Franklin and his wife stepped in to help their cousin when he begged them to get him out from behind bars but now, they’ve found themselves in a tough situation. This could be the last Christmas they get to spend in their home. “It’s been very difficult and a headache,” Nathaniel Franklin said of his family’s ordeal. Franklin bailed out Darrell Gilder Jr. three months ago in Elmore County. Gilder had a bond close to $70,000. Franklin used a property bond, meaning his Coosada home and property are collateral. Then, Gilder missed court and skipped bail and now, the Franklins can't get in touch with him and they're on the hook. If he's not back in jail by January, their property will be turned over to Elmore County. If that happens, the Franklins will have nowhere to go. They live in a house that’s been in their family for 60 years. “I guess we'll be homeless,” Nathaniel said. “There's nowhere else for us to go but to a shelter.”
Central Alabama Crimestoppers receives calls at least once a month from other families in the River Region who find themselves in the same predicament. Moses Harper with Authority Bail Bonds in Montgomery says anyone trying to bond a friend or relative out of custody should know exactly what the bond entails and make sure that they can rely on the person to follow the proper procedures.
“I've seen people lose their vehicles. I've seen people go through some financial hardships because of a bond that they signed their name on because that person that they basically trusted to do what they were required to do and show up for court at all of the required times did not do that,” he said. “They need to know the person they're bonding out and know where they are at all times. It would be best if they act like a probation officer with their relatives until the court case is resolved.”
There are several types of bonds: property, surety and cash.
With a property bond, a family member or loved one pledges their property for the defendant's release from custody. Surety bonds involve bail bonding companies and they require payment of 10 percent of the bond and the bonding company pledges the other 90 percent for the defendant's release. With cash bonds, the full amount of the bond must be paid and it is refundable once all of the requirements of the court case are met.
Bail bonding companies work to thoroughly vets both defendants and cosigners. Each company requires a certain amount of co-signage depending on the value of the bond and the cosigners are then financially obligated to the bail bonding company. Moses Harper says that if there are any red flags in his screening process, he does not move forward with handling the bond.
Bonding companies also compile a great deal of information in case someone defaults on a bond.
“Basically we act as a small loan office. That's pretty much what a bail bond company is- a little financial institution. We're going to pledge this money to the court system for you to be released and then we have a lot of interest in the defendant checking in,” Harper explained. “When you put up property, you could just see it as a favor not thinking that you just pledged your property to the court and if they don't show up, they're going to take it all away from me.
Whereas in my mind if I put up $50,000 for you to get out of jail and all you paid me was $5,000, I have $45,000 on the line so I'm going to make sure that I hear from you and see you and know where you are at all times.”
As for the Franklins, they say they've learned their lesson. They never thought a family member would put them in this position. Failure to appear warrants have been issued for Darrell Gilder Jr. by the Elmore County Sheriff’s Office and Millbrook Police Department and the Franklins hope he's caught. “I'll never sign a property bond again in my life,” Nathaniel added. “We try to help somebody but that's what we get. We're left with our mistakes but no more. I understand that when they do get him, there will be no bond."
Anyone with information on Gilder or his whereabouts is asked to call Crimestoppers at 215-STOP. The tip may lead to a cash reward.