Dion Sobotker was released on an unsecured $500,000 bond from a Montgomery County jail pending trial. He was awaiting trial for first-degree murder when Judge Gary Bair allowed him to be released on home monitoring in lieu of posting the bond. He was released with an appointment to register for home confinement.
Unknown to Judge Bair, Sobotker had a long history of failing to appear at court. He had failed to appear at court seven times in other cases and had an extensive criminal history. None of this was investigated prior to releasing him on a promise to appear for a home confinement registration appointment. Sobotker fled the jurisdiction to Washington D.C.
The county agency charged with doing the background checks necessary to prevent this kind of person from being granted pretrial release failed to find the crucial information. The same agency is responsible for monitoring defendants awaiting trial and ensuring their appearance. The problem is that county agencies are often overburdened, lacking the time and resources to research every defendant.
Luckily, Sobotker was captured through the extraordinary efforts of law enforcement. This, however, is not always the outcome. Some defendants go on to commit additional crimes or are never captured.
Defendants who post are required to post bail have a financial incentive to appear in court. Often times, family or friends have helped to come up with money or have even co-signed on the bond to get released. This helps to hold the defendant accountable and ensure their appearance in court. Bail companies who have posted the bond for a defendant are then charged with locating the fugitive if he or she fails to appear instead of the burden being on the taxpayer.
Bail reform has been a hot topic lately. Discussions throughout the country have helped to bring light to many issues facing the criminal justice system. Mr. Sobotker’s case clearly shows that the answer does not resolve by allowing unsecured pretrial release of defendants. Undoubtedly, there needs to be reform in the criminal justice system, but eliminating bail is not the answer.