| Fugitive Recovery Network (FRN) http://fugitiverecovery.com/forum/ | |
| Deferred disposition? http://fugitiverecovery.com/forum/viewtopic.php?f=13&t=10218 |
Page 1 of 3 |
| Author: | speezack [ Sun 19 Jul 2009 20:12 ] |
| Post subject: | Deferred disposition? |
Last week, one of our agents was in a Virginia Circuit court related to a bond written and supposedly at its last court appearance... the sentencing. The judge imposed a 12 moth deferred disposition on the charge and held that the bond would remain in force until finalized. The agent requested a bail piece since there was frankly no way a bondsman can know what and where or if the defendant will remain as bonded for another 12 months and was requesting to come off the bond. The judge refused to issue a bail piece sighting that the bond would remain in force for the 12 moth duration. Now I don't know how the laws of other states relate to this but it is my take that a bondsman can, at his own discretion... obtain and serve a bail piece/surety capias regardless of any other related facts and based solely on his feelings on the bond . The bondsman is liable and can remove himself at any time from that liability. I believe this has come up several times on FRN but it needs to be addressed once again... this is a prime example of judges deciding cases outside code. The agent and I discussed this and while he can certainly appeal the ruling, it will take time and money and of course during that time the defendant is out and about and could very easily disappear. Since the circuit court clerk was sitting in the courtroom when the ruling was voiced, obtaining a bail piece from that jurisdiction would be rather difficult if not impossible, and the fact that it was a circuit court makes it even more difficult (IMHO). Now I will say that I have had deferred dispositions many times in the past... some of those cases ended at that point, some have continued and worked out fine and others have gone south but the judge let me off the bond anyway. I have found as posted on here many times that unfortunately, every judge, every court, every jurisdiction seems to make its own rules and until we get some sort of uniformity in the court and legal system.... this will continue to be a thorn in our side... just another aspect of a cloudy business that raises more questions than answers. Opinions appreciated. |
|
| Author: | Mdbtyhtr [ Sun 19 Jul 2009 20:42 ] |
| Post subject: | Re: Deferred disposition? |
Bill It is Don Quiote and the windmills all over again. They have the power to do anything they want in their courtroom, and you have to determine if discretion is the better part of valor. Do you spend the money to fight it or do you just go to a Magistrate for a bail piece that may not be aware of the situation. Generally, deffered judgment is usually a deal to nolle prosequi the case at the end of a specified amount of time with stipulations. I have heard stipulations like, obtain your GED, Do not re-offend, pay restitution of "X" by this date, complete this alcohol class or that drug treatment program etc. Scott |
|
| Author: | Joe Stiles [ Mon 20 Jul 2009 00:01 ] |
| Post subject: | Re: Deferred disposition? |
In Tennessee a bond can be surrendered at any time, but a hearing is then called to determine if the surrender was for "good cause". A bond is released upon agreement with the state, provided that the judge may continue the bond through the appeal by written order. Having said that I have witnessed too many times where judges have ignored this statute and continued the bond through the deferrment period. This can usually be defeated on appeal but the appeal must be within the proper time frame. Of interesting note is an AG opinion in the state of Tennessee that an order issued by a judge of competent jurisdiction is binding on all parties unless reversed or overturned. This would seem to me to be contrary to law but the resoning behind it is to preserve the independence of the judiciary as a seperate an independent branch of government. Hope this helps. |
|
| Author: | AndyL [ Mon 20 Jul 2009 06:55 ] |
| Post subject: | Re: Deferred disposition? |
Once again Im glad I live in a free state. I have no idea what a bail piece is. However, I can get a certified copy of the bond that I wrote from the court clerk anytime I wish and stick that defendant back in jail and revoke the bond anytime I want with or without reason. Case closed. In the case Bill posted, the judge here would have let me off the bond and either remanded him to custody with the same amount of the bond I was released from on him, he would be free to post it with another agent. Or released him OR. We dont have to have a reason to come off of a bond. Its our liability and our discression. Edit to say we can also surrender a client in open court at any time without reason or certified copy of a bond. |
|
| Author: | KARMA [ Mon 20 Jul 2009 08:10 ] |
| Post subject: | Re: Deferred disposition? |
Here they call it "taking under advisement" . . . like MO I can surrender at any time and tho I have figured out what a "Bail Piece" is, we, do not have that piece of paper here to deal with. 'Don't Like Ya' . . . 'You is Going back to Jail'. Just have to check "other" on the surrender form and state that the individual did not comply with the actual Bond or Conditions set down by the Bondsperson. Of course the 'defendant' can file for renumeration and if the Court feels that he / she was unjustly put back in the pokie that the $$$$ have to be returned. Have yet to see that happen. I more often than not stay on the "under advisement" period as long as the party has complied (My defendants call me weekly that does not change during the time of 'under advisement', altho I can still surrender during the period). Bill, Must you have that Doc to surrender? Joe, are ya'll under Insurance Companies over there in TN? and Bill, the same ? goes to you. Perhaps that could be where the difference is? |
|
| Author: | AndyL [ Mon 20 Jul 2009 08:25 ] |
| Post subject: | Re: Deferred disposition? |
We dont have to give any money back. Thats BS too. |
|
| Author: | Kathy [ Mon 20 Jul 2009 17:08 ] |
| Post subject: | Re: Deferred disposition? |
We don't have to refund any $$$ after 10 days of posting the bond, no matter what happens. We can revoke a bond at any time, with or without cause. The judge cannot refuse to exonerate a revoked bond. Our bond ends when the case is dispoed, though we can give a consent to the court to continue it if sentencing is done at a later time. Beyond that, the state will not allow a judge to continue a bond. |
|
| Author: | kittygrl [ Mon 20 Jul 2009 17:36 ] |
| Post subject: | Re: Deferred disposition? |
For those with inquiry minds like me... Legal Definition of Bail Piece BAIL PIECE. A certificate given by a judge or the clerk of the court, or other person authorized to keep the record, in which it is certified that A B, the bail, became bail, for C D, the defendant, in a certain sum, and in a particular case. It was the practice formerly, to write these certificates upon small pieces of parchment, in the following form: (See 3 Bl. Com. Appendix.) In the Court of ______________, of the Term of ________, in the year of our Lord, ____________, ________________City and County of ________________, ss. Theunis Thew is delivered to bail upon the taking of his body, to Jacobus Vanzant, of the city of_________________, merchant, and to John Doe, of the same city, yeoman. SMITH, JR. At the suit of Attorney for Deft. PHILIP CARSWELL. Taken and acknowledged the ____ day of _______, A. D. _____, before me. D. H. 2. As the bail is supposed to have the custody of the defendant, when he is armed with this process, he may arrest the latter, though he is out of the jurisdiction of the court in which he became bail, and even in a different state. 1 Baldw. 578; 3 Com. 84, 421; 2 Yeates, 263 8 pick. 138; 7 John. 145; 3 Day, 485. The bail may take him even while attending court as a suitor, or any time, even on Sunday. 4 Yeates, 123; 4 Conn. 170. He may break even an outer door to seize him; and command the assistance of the sheriff or other officers; 8 Pick. 138; and depute his power to others.. 1 John. Cas. 413; 8 Pick. 140. See 1 Serg. & R. 311. |
|
| Author: | KARMA [ Mon 20 Jul 2009 18:23 ] |
| Post subject: | Re: Deferred disposition? |
Ahhhhh So a putting of Taylor V Tainter into new fangeled wording . . . Ya gotta love the Judicial System (Lawyers) |
|
| Author: | speezack [ Mon 20 Jul 2009 19:18 ] |
| Post subject: | Re: Deferred disposition? |
Bail piece/surety capias is just a capias (arrest warrant) for the surety/bondsman issued by the appropriate court... a magistrate can issue one in lower court in Virginia (General district) but in upper court (Circuit court) only the clerk of the circuit court can issue one there... this case was in Circuit so only the clerk of that jurisdiction can issue the bailpiece j Quote: just go to a Magistrate for a bail piece that may not be aware of the situation that stops me from getting it from the magistrate... and in some jurisdictions... even magistrates in a General district case will not sign one for me.... I usually just download the form off the VA.Gov webpage and fill it out nice and neat and just walk in and ask the clerk to "witness my signature" which sometimes gets me one in a pinch.... cause again, you would be surprised how many times I have put that form in the window for a clerk to sign and they look at it and say.......................... "what is that?" We are, in Virginia, supposed to be able to come off the bond without question, which is the point I was trying to make... the judge however, and in line with what Scott, Joe, Andy, Kathy, LuVonda and Kitty were saying, does mostly whatever he decides. I tend not to try and quote code to a sitting circuit court judge but it is often interesting to see that some are not totally aware of the bail laws in our state... which makes it even more difficult when we are held to the line on the laws, but the system is not......... and don't even get me started on District Attorneys and their interpretations............... mmmmmmmmmmmm. I greatly appreciate the input from you professionals. It is frustrating when you know you are right and the powers that be tell you different... oh, well, I will "endeavor to persevere". |
|
| Page 1 of 3 | All times are UTC - 8 hours [ DST ] |
| Powered by phpBB © 2000, 2002, 2005, 2007 phpBB Group http://www.phpbb.com/ | |