TEXAS LEGISLATION UPDATE

That would be accurate according to the statute. If you have a defendant with a misdemeanor warrant from another state and there is no extradition attached to it as a Bounty Hunter making the arrest you can NOT arrest the person in Texas and Drive them back to the home state. You can however if you jump through the hoops listed below but they are contingent on the out of state jurisdiction authorizing extradition. So if they didn't do it to start with your probably going to have a hard time getting the DA to do it just for you.

I have not found where the UCEA does not apply to Bail Arrests and Texas has Criminal Code that says "Uniform Criminal Extradition Act requires that bond agent or bounty hunter take defendant before magistrate prior to transporting over state lines."

See UCEA Sec. 54-166. Appearance of accused in court. Habeas corpus. No person arrested upon such warrant shall be delivered over to the agent whom the executive authority demanding him has appointed to receive him unless he is first taken forthwith before a judge of any court having criminal jurisdiction in this state, who shall inform him of the demand made for his surrender and of the crime with which he is charged, and that he has the right to demand and procure legal counsel; and if the prisoner or his counsel states that he or they desire to test the legality of his arrest, the judge of such court shall fix a reasonable time to be allowed him within which to apply for a writ of habeas corpus. When such writ is applied for, notice thereof, and of the time and place of hearing thereon, shall be given to the state's attorney of the county in which the arrest is made and in which the accused is in custody, and to the agent of the demanding state.

Sec. 54-167. Penalty for failure of officer to present accused in court. Any officer who delivers to the agent for extradition of the demanding state a person in his custody under the Governor's warrant, in willful disobedience to section 54-166, shall be fined not more than one thousand dollars or be imprisoned not more than six months or both.


Tex. Code Crim. P. 17.19 states that bail gent can obtain warrant from court before seeking to arrest defendant, and a judicial warrant is required to arrest with force, Tex. Code Crim. Proc Art 17.19 (Vernon 1977); see Austin v. State, 541 S.W.2d 162 (Tex. Cr. App. 1976). Uniform Criminal Extradition Act requires that bond agent or bounty hunter take defendant before magistrate prior to transporting over state lines. See Landry v. A-Able Bonding, Inc., 75 F.2d 200 (5th Cir. 1996).

_________________
Charlie Deckert
Texas Bounty Hunters - BFA/Owner
Sentry Security & Investigations L.P. - Vice President
Curently Licensed in Texas as;
Private Investigator TXLC A16879
Level III Commissioned Security Officer TXLC C11454
Level IV Personal Protection Officer TXLC C11454
Texas Issued Concealed Handgun License

Not sure on this because Texas talks about defendants arrested in the State not other states. I would guess that if you are transporting a defendant properly you would have met the requirements of the state you arrested them in and the UCEA. So you should be ok. If you are lawfully transporting and did not make the actual arrest in Texas I cant see how they have any jurisdiction. You would only have to meet the UCEA requirements the way I read it.

I will dig into this more and see if there are any surprises.

_________________
Charlie Deckert
Texas Bounty Hunters - BFA/Owner
Sentry Security & Investigations L.P. - Vice President
Curently Licensed in Texas as;
Private Investigator TXLC A16879
Level III Commissioned Security Officer TXLC C11454
Level IV Personal Protection Officer TXLC C11454
Texas Issued Concealed Handgun License

To all members.... "surprises"... is exactly what we face daily... and I have said for years... not just in this business but in all aspects involving federal or state or even local government agencies or political connections...


... "THE RULE OF THUMB IS... THERE IS NO RULE OF THUMB"... yes, I know it is the code or the laws or the correct way of doing something, but even so......................

Don't discount my uneducated advice... I have done things in this business, some of which certain members are privy to... that are impossible and often .... shady (not necessarily illegal, but close) ... but I jump through a lot of hoops... kiss a lot of azz... smile a lot... tell funny stories... and be extremely humble and thankful for everyone involved in my business....

I try very hard to do things legally and properly and notify all legal connections involved.... sometimes it works and other times you have to move in this business under the radar... I know we don't wish to do things in a manner that would put our business or our freedom in jeopardy... but you know what?

Being able to think outside the box and operate close to the cuff is something that we all must learn... "what's right is not always right"... and "what's wrong is often the right thing to do"....

This is an extremely unusual business, we are under the microscope all the time, being watched by everyone, everyone... CYA.

I know I am gonna get some grief on this advice but we can write all sorts of stuff .... in the end... it is your azz on the line and to that end, we each have to decide the best course of action.

... and that is my take on rules.... worth every penny...


Charlie, you and many other are the "quintessentials" in this industry, I have the utmost respect for you guys... I try to read and comprehend these codes but you guys (and gals) are way above my paygrade on that level.... I go to you, Scott, Bill, Gene and others for the real deal interpretation but after all is said and done... I still have to decide the course of actions... and it ain't always what I want...

Thank you again for your posting on a very complicated subject... do not think I am making light of your thread, just giving my take on it..... I often try to give advice by telling funny stories... "hidden messages if you will"...often I miss the mark.

_________________
Bill Marx, Sr.
"FREE STATE BAIL BONDS"
"FREE STATE INVESTIGATIONS"
DCJS: 99-176979
Cell: 434-294-0222

"Endeavor to Persevere" "Lone Watie"

"Good judgment comes from experience, and a lot of that , comes from bad judgment" "Will Rogers"

Thank you, Charlie!

_________________
Jason Pollock
Owner/Operator
Surety Risk Management
Los Angeles, California
(323) 786-FIND

"Approach is Everything."

A while back there was a thread that pretty much said you had to have a Florida Bail agent make all apprehensions in Florida. While this post was made by a man I've come to respect, he was wrong. I appreciate the effort that many have put in this thread but I'm gonna do as I always do and check with what we call the AG's office in Texas before I apprehend,or not apprehend someone in Texas. I don't mind telling you that I have made a couple, three apprehensions in Texas and I thought I was ok in doing so since I wrote the bond....Now, I'm checking this out more closely before I do that again. I'm no lawyer, hell I can barely type and statutes can be very difficult for people other than attorneys to interpert, so I'm leaving this one in the hands of the folks that interpret laws for a living...No offense is intended at all and like I said I appreciate the time and effort put into this thread.

_________________
Bill Williams
Bail Agent
Eagle Bonding Services
Asheville NC 28804
828-777-8667
Lic # NC10013561
Lic # TN 2033018

Never be haughty to the humble
or humble to the haughty - Jefferson Davis

For the record

I am not offended at all everyone should do their own due diligence. I really just appreciate the opportunity to help and hopefully improve the quality of not only my services but the reputation and opinion of the industry as whole. I am not always right but I always try to error on the right side of the law.

I am not sure how many of us here are full time bounty hunters but I will tell you that we are running about 80 cases right now and closed of 240 in the last 12 months. We are in it 24x7 hence I spend nearly ALL my free and occupied time drilling through the Penal code, occupations code, criminal code heck even the education code and I am the first to admit I don't know it all. But I do know how to find what I am looking for.

It doesn't hurt much that my sister is a lawyer and soon to be federal judge in Baton Rouge waiting for confirmation, Shelly Deckert Dick. I run code past her all the time and she helps with the interpretation to make sure I stay out of trouble.

Bill, please tell me how it is you get the AG in Texas to respond, I have tried and Tried. Here is the message I have got from them every-time.
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"Dear Mr. Deckert:

Thank you for your recent email. We appreciate your contacting the Office of the Attorney General of Texas.

Please understand the role of this office is to advise and represent state entities and interests as specified in the Texas Government Code. Therefore, the Office of the Attorney General is unable to address your concerns in the manner you have requested. Please also understand the questions you have raised require legal analysis our office is prohibited by law to provide to private individuals. However, I hope the following information is helpful.

You may wish to discuss your legal questions in this matter with a private attorney. The Lawyer Referral and Information Service (LRIS) within the State Bar of Texas can connect you with a lawyer in Texas with expertise in the area of law in which you need assistance. LRIS can be reached at (800) 252-9690 or (512) 463-1463. Through the LRIS, a person may have a 30 minute consultation by telephone or in person, depending on the subject matter, with an attorney for $20."
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Since I am not a State Agency they wont even talk to me. Sometimes I have my Sheriff friends do it, but I try not to use up those favors.

If it helps you great, if it doesn't oh well I tried...

_________________
Charlie Deckert
Texas Bounty Hunters - BFA/Owner
Sentry Security & Investigations L.P. - Vice President
Curently Licensed in Texas as;
Private Investigator TXLC A16879
Level III Commissioned Security Officer TXLC C11454
Level IV Personal Protection Officer TXLC C11454
Texas Issued Concealed Handgun License

Charlie, I've never gotten in contact with the AG, but will try next time I need to go to Texas...Can't yur sister get a response either?

BTW, I was referring to all that contributed to this thread. Very interesting and thought provoking..

Thanks guys!!

_________________
Bill Williams
Bail Agent
Eagle Bonding Services
Asheville NC 28804
828-777-8667
Lic # NC10013561
Lic # TN 2033018

Never be haughty to the humble
or humble to the haughty - Jefferson Davis

Bill M. reminds me of my old supervisor , he was by far the best police detective I have ever known. He would let suspects, citizens, and even cops just talk and say all kind of stupid shyt. Most people thought that he was not paying attention to what was being said or done, some thought that he was sleep most of the time. However his slick ass could repeat back every word a person said and every movement they made, when he asked a question of you he waited for you to tell a phony story because he already knew the answer. One only need read Bill M.”s posts and responses to see that he is on point....

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Domestic Security Investigations
P.O. Box 4462
Rockville, MD 20849
Tel: 1-800-387-0787
Anti-Moral Majority Club President
"Fear not the unknown, Fear the person who controls the unknown" Gene 7:14

Bill,

I have never asked her to try. She has been in private practice up until now, she has not been confirmed yet by the senate but even if she was I doubt I would ask her to do that. Based on the letter I keep getting they would probably tell her the same thing because she is not a state agency either.

_________________
Charlie Deckert
Texas Bounty Hunters - BFA/Owner
Sentry Security & Investigations L.P. - Vice President
Curently Licensed in Texas as;
Private Investigator TXLC A16879
Level III Commissioned Security Officer TXLC C11454
Level IV Personal Protection Officer TXLC C11454
Texas Issued Concealed Handgun License

Thank you Charlie for keeping us current. Like Joe, some of our wayward souls head that direction.

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Do not consider anything for your interest which makes you break your word, quit your modesty, or inclines you to any practice which will not bear the light, or look the world in the face .... Marcus Antonius

I AM Some Folks "KARMA" and A MODERATOR @ FRN