I think I would have walk right into my attorney's office and had him prepare a suit against the judge and whoever the judge is over him. If you don't smack these knuckleheads hard the first time they will keep pulling this stupid crap..
speezack wrote:
Another bondsman went to court in south-side Virginia... won't mention the jurisdiction but suffice to say, close to me.... they had a show cause on a case where the defendant was incarcerated in NJ.... verified on 'vinelink' and provided the copies of the record to the judge.
The judge... a stand in for the regular one... ruled that they would try the defendant in absents, found him guilty and advised the bondsman, who is a surety bondsman, that they had to pay the fine and court costs on the case... WHAT YOU SAY????
YEP... now a cash bond can be held for the costs but not a surety bond... and besides, the defendant was in jail and documented.
The total was a bit over $600... the bondsman of course appealed the decision but was forced to pay the fine and costs before he was allowed to leave.
HAVE YOU EVER HEARD OF THIS??? The clerk of court even took the judge aside and pointed out that the surety was only liable for appearance and nothing more. The judge did not budge.
If this is not overturned, Virginia bondsmen in every jurisdiction should be made aware of this and frankly, if this is not overruled, I may be out of the business because I damn sure am not gonna be liable for a defendants fines and costs if he/she is adjudicated in absentee...
Comments welcome???
I present the code section that I think relates to this.... Virginia code... note that the word "APPEARANCE" is specifically mentioned in each of the following sections....
§ 19.2-143. Where default recorded; process on recognizance; forfeiture on recognizance; when copy may be used; cash bond.
Evidence that the defendant or juvenile is incarcerated or subject to court process in another jurisdiction on the day his appearance is required or a medical certificate from a duly licensed physician that the defendant was physically unable to so appear shall be considered evidence of good cause why the recognizance should not be forfeited.
However, when any defendant or juvenile who posted a cash bond and failed to appear is tried in his absence and is convicted, the court or judge trying the case shall first apply the cash bond, or so much thereof as may be necessary, to the payment of any fines or costs, or both, adjudged against the defendant or juvenile or imposed by law.
You may rest assured I intend on being in the courtroom on that day.... and will give you an update...
