Those who don't have a great deal of familiarity with the commercial bail industry are often surprised to learn how regulated it is.

In California, a bondsman can call an inmate's friends or family members to try to arrange bail bonds, but only if the inmate called them and requested they start the process.  Companies are also prohibited from "cold calling" people who have been arrested by scheduling visits at the jail.

Some companies have reportedly said the restriction violates their right to free speech.  But, as of this week, a CA appeals court ruled otherwise.

The current ban was implemented by the Department of Insurance in the late 1970s as a means of protecting defendants from being intimidated and/or harassed by those who work within the commercial bail industry.

This case was filed after a San Luis Obispo-based company scheduled a visit with a woman who had been arrested for domestic violence.  The defendant's husband had contacted a bondsman shortly after her arrest, filled out the required paperwork and paid his fee.

But when the bondsman arrived at the jail, they learned another company had cold-called the defendant.  She figured this person had been sent by her husband, and signed the contract when it was presented.

The owner of the second company was arrested and charged with the illegal solicitation of bail.  Defendant Todd Dolezal was initially convicted of a felony, but the crime was later reduced to a misdemeanor.  The judge also ordered the bondsman to pay a $1,000 fine.

His attorney later appealed the ruling saying the ban on inmate solicitation violated his right to free speech and unfairly restricted his ability to provide would-be clients with information.   He said these types of visits serve an important purpose, especially if the inmate is in an area of the jail where they don't have access to a phone directory.

The court disagreed with the argument, citing that commercial speech does in fact fall under government regulation.  People who have been arrested are already dealing with a very stressful situation, and being approached by a bondsman with a high-pressure sales pitch is downright predatory.

The ban also helps keep order at the jail because it discourages bail bonds companies from "ambulance chasing" new clients.

Dolezal's attorney said he may appeal the 3-0 ruling to the CA Supreme Court for further review.  He and his client still maintain that inmate solicitation does more good than harm.