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Wednesday, June 19, 2013 | 12:14 p.m.

Updated: 9:22 p.m. Tuesday, March 29, 2011 | Posted: 5:19 p.m. Tuesday, March 29, 2011

Dona Ana County Bondsman Says Dangerous Criminals Out On Low Rates

By Phil Anaya

LAS CRUCES, N.M. —

Las Cruces bail bondsman Randy Gomez claims that, for the past three years, the magistrate court has been violating rules of criminal procedure by deciding bonds off a schedule or guideline.

If someone is arrested, a judge is supposed to be on call at all times to determine the bond, but Gomez said that's rarely happening. Instead, Gomez said bonds are supposed to be decided on a case-by-case basis by an actual judge examining factors like a person's previous charges, flight risk or probation.

By ignoring these factors, Gomez said, people are being released from jail at extremely low bond rates and putting the community in contact with dangerous criminals.

"I see people that come in here and have aggravated battery against a household member and their bond is $1,000. How do you think the victim feels?" said Gomez.

KFOX 14 placed a call and left a message for court administration and Judge Oscar Frietze. No call was returned. KFOX 14 called again Tuesday and was told someone may or may not call back with an explanation on the bond process, but no call was returned Tuesday.

Ramos claims he knows why the court used the bond schedule.

"It's easier. It's easier on the court to do it this way, nobody has to be put on call, nobody has to be bothered at night, nobody has to do anything," said Gomez.

"I understand the premise for it or the idea for it, but I think it's a very dangerous practice that is happening," said Dona Ana County District Attorney Amy Orlando.

As a prosecutor Orlando said she's concerned by the policy.

"I think it's dangerous to the community that we don't have people that we elect doing what they need to do, which is reviewing those cases on a case-by-case basis," said Orlando.

"Our court does it this way, other courts don't do it this way because they understand the danger of doing that," said Gomez.

"When I listen to stories of other prosecutors and what bond is set at in other jurisdictions, ours is probably one of the lowest," said Orlando.

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