Dan Marx: Sheriff's department is one part of our law enforcement system

Sheriff Dan Marx

There are times we read about someone being arrested for a serious crime and within a day, the suspect is out on bail.  According to Winneshiek County Sheriff Dan Marx, the Sheriff's Department is at the beginning of our judicial system. The end result is not always what the deputies sought when making the arrest.

After an arrest, the sheriff's department sets an initial bond based on three factors--the severity of the crime, the risk of flight and the risk of danger to the public. The accused person is taken to jail and must see a magistrate within the next 24 hours.

Winneshiek County has two magistrates--Charles Kelly, who was appointed in 2013, and Nathaniel Moonen, who was appointed in 2014. The magistrate can physically come to the jail, or make a phone call during the 24 hours following an arrest. The magistrate reviews the bond amount based on the same three factors--the severity of the crime, the risk of flight and the risk of danger to the public--as well as working under the theory of "innocent until proven guilty."

The magistrate may ask the accused if he can pay the bond.  If the suspect says no, the magistrate may ask, "What can you pay--can you pay 10 percent?"  If the accused answers "yes" to paying the lesser amount, the magistrate has the authority to lower the bond originally set by the Sheriff's Department.  Police are then required to release the suspect when the accused person posts bond.

In December, the sheriff's department made several arrests.  For one suspect, bond was initially set at $7,500.  The magistrate lowered bond to $750.  The suspect paid the bond and was released. Two days later he skipped his bond hearing.

This causes frustrations in the sheriff's department on many levels, says Marx.  The department is put in the same situation, time and again.  They chase after the same person, over and over, for the same reasons.  He asked the audience at a program Thursday at the Northeast Iowa Peace & Justice Center to imagine driving down a long, icy road to a farmhouse, and because you've already been there for a previous encounter, knowing you're encountering a dangerous situation dealing with weapons and drugs

Sheriff Marx said he'd like to see the magistrates receive more accountability and oversight.  "They are likable people, it's not a personality issue, but they can be dismissive of reality."