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Just another day in court
http://fugitiverecovery.com/forum/viewtopic.php?f=13&t=11292
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Author:  speezack [ Thu 16 Sep 2010 05:31 ]
Post subject:  Just another day in court

Do not read this if you have something of even a slight importance to do this morning, as it is totally without merit and I had nothing better to do for the past few minutes than to drink my morning coffee and tell a story.... so read on at your peril.


I relate these little stories at times because I think some of the newbies and others might have an interest in how the system works in the real world... court TV it is not.

8:30am arrived at one of my local, small town courthouses... General district court, mostly traffic and a few advisement and bond hearings... advisements defined is simply giving the defendant his charges and allowing him the choice of public defender or hiring his own attorney, very quick and simple... usually.

court was scheduled to begin at 9am... the judge arrived at 9:25am... who knows? he da judge, so he gets there when he wants and besides... this is the 'country' ... not to be confused with big city schedules...

The CA (Commonwealth Attorney... the same as some states refer to as DA) arrives, looks at me and smiles... (he wants my money!) and the show begins.

One of the clerks arrives slightly before the judge, looks at me and smiles... (she likes me cause she moonlights as a waitress at one of the local restaurants and I tip heavily!! 8) ) but do not confuse this with anything but business... she, the CA and all other court personnel will 'clean my proverbial clock' if warranted... respect is always there regardless of the smiling and posturing... ya know!

I am there for a show cause on one of my dumb azzes who FTA'd on a 1st offense DUI... I knew he would not be at this court date but figured I'd give him a week or two to get comfortable before I dropped the hammer on him and brought him in.... during the initial phase, I am told that another of my defendants is not in court and the clerk ask if she can serve me.... ANOTHER show cause since I am sitting in the courtroom.... hot dog... another great day is shaping up... I said fine.

Well after a couple of hours listening to all the tall tales from the folks up for traffic offenses... 11am... the judge gets a whisper from the clerk... looks over his glasses at me and says... "Mr. Marx, it appears your man is in the waiting room so we will bring him in and speak to him, if that is agreeable to you"... I of course said fine... The CA walks over and ask me if I want to stay on his bond... (we have a working relationship which is always a good thing with a CA/DA) I said I would let him know in the course of the case... I had to make a couple of determinations...

Let me point out something here... I am not the type of bondsman that just arbitrarily drops a bond without a good reason and this particular defendant had done much to make sure that he complied with the court... he had just been sitting outside in the waiting room all that time and did not realize he was supposed to be in the courtroom... he was waiting for them to call him in.... anyway, I determined that I would stay on his bond until it was resolved...

So having said all that... he was brought in and discussed his case... he was charged and I had bonded him on a FTA... which was a fluke because he had been in another court on an unrelated case in a distant Virginia city at the same time he was supposed to be in this courtroom... he had all the documentation to prove his case and the judge, after another several hours with other cases... brought the fellow back in and adjudicated (just a big word meaning legal process of deciding the case)... so my bond was done anyway... I sat in the courtroom however, until 12:30pm and since I was at that point, the last person in the room.... the judge looked at me and ask why I was still there... and I said... "well, your Honor, the new show cause you issued on me, on this case... is that removed, sir?" and he smiled and said, "yes Mr. Marx, you may go now..."... I did.

By the way, the first case that I had been show caused on was FORFEITED !!! I usually get an additional 30 or 60 days before forfeiture but the judge forfeited the case right then and there... which in Virginia still gives me 150 days to pay or bring in the defendant....

Only one other side note... another bondsman, one that is a thorn in my side... was in the back of the room listening to the bond hearings... a lady was there with her daughter, who was given a $5000 bond.... I stepped out of the courtroom so I could approach her without being too obvious and beyond the view of the court... but as she walked down the aisle the other bondsman jumped up and ran to her... handed here a card, shook her hand and began talking... which of course I just walked away... (approaching and/or soliciting inside a courtroom is strictly forbidden but is not enforced)... anyway, the bondsman worked on the bond most of the day (my sources told me) and it did not come together so he drove down from Richmond and spent all day on a bond that did not materialize............ I am so happy. Tough sht buddy. Maybe the lady will call my office... I will let her contact me... I am fairly sure she will since we are the main force in this particular jurisdiction... (I think we are anyway)

So I tell this uneventful tale to simply give a look for the newbies... and anyone else that has nothing better to do for the past few minutes than to read another of speezacks stories.... some of which are actually true !!!! :mrgreen: :oops:


... and now I will plan to go south to Carolina and pickup the dumb azz... that FTA'd yesterday.... yet another story... I think... :?

Author:  Jayc4929 [ Fri 17 Sep 2010 19:05 ]
Post subject:  Re: Just another day in court

who else here besides me can not wait to hear the next installment of speezacks dumb azz FTA? :lol:
i know there will be a good story and im awaiting it,so be safe and hurry back so we all can hear it.Hopefully you dont have to haul out the big guns!!(ie.Super soaker)

Author:  AcaciaCon [ Sun 19 Sep 2010 15:39 ]
Post subject:  Re: Just another day in court

what is "show cause"? I'm either too new to understand it, or it's called something else here in California.

Author:  Mdbtyhtr [ Sun 19 Sep 2010 16:56 ]
Post subject:  Re: Just another day in court

A "Show Cause" is when you are summonsed to court to explain why the court should or should not take action on a matter before the bench, in this case, forfeiting the bond. You might have evidence that the subject is currently incarcerated somewhere else, that LE actively working the case asked you to stand down your investigation because it would interfere with a bigger picture investigation etc.

Bill will clarify, as I am sure!

Scott

Author:  speezack [ Mon 20 Sep 2010 08:35 ]
Post subject:  Re: Just another day in court

Scott nailed it.

It's sort of like getting a notice from the IRS... or a notice from DMV that your license has been revoked for something, for which, you have absolutely no idea took place in 1974... you sort of get the same fuzzy feeling all over.... and certain orifices of your body begin to close and tighten very quickly... but you get used to it if you stay in this business for very long... or you go back to work a J.C. Pennys in the shoe department... much easier on the sphincters.



BTW... I think Tony Suggs can clarify this for me........ but in California, I think a show cause is referred to as... "drop trou", bend over... get out your wallet and smile... or the short version is.................... "UHJBF" ("You have just been F--")


just added...........................................
Your absolutely not gonna believe this but I swear.... as I was writing this little post.... a sheriffs car pulled up in my driveway... and I got a..................................... show cause..... for real............... now, let me go get out the handy wipes.... :shock: :oops:

Here is a copy of the document in Virginia, just so you have a first hand idea what it is.........................

Image

Author:  tsuggs [ Mon 20 Sep 2010 10:07 ]
Post subject:  Re: Just another day in court

Demian,

Bill is correct. CAs equivalent of a Show Cause Hearing in the case of the bail forfeiture, is our Summary Judgment date. If you don't have the defendant back in custody by then or a good reason why not, drop your pants and pull out the check book.

In CA, the court must immediately forfeit a bond if a defendant misses a required court appearance without "sufficient excuse." So when that happens, the judge in open court declares the bond forfeited and can in most cases, issue a bench warrant.

The clerk of the court must mail the notice of forfeiture to the bail agent and the surety company. That will contain a hearing date about 185 days from the FTA.

If the defendant has not already been returned to custody or the court by that hearing, the bail agent or the surety can ask for an extension of time to locate the defendant, provide proof ( show cause ) why a summary judgment should not be entered due to a technial reason, or agree to pay the bond off.

Of course the bail agent should immediately get to work on locating the skip. However, many wait to the last minute and then think they can go into court and get a time extension and hope the skip will get picked up by LEs.

But, many courts and county consuls are opposing bail motions for more time because the bail agents or recovery agents can not show due diligence in working the case. Again "showing a cause" why the court should grant the bail agent any type of relief.

Author:  KARMA [ Wed 22 Sep 2010 22:37 ]
Post subject:  Re: Just another day in court

75 days here in Circuit and 120 in District . . . I got one that I am working on right now. I know here she is . . . but she is holed up. Eventually she will come out to go tanning and her azz is mine :evil:

Author:  AcaciaCon [ Thu 23 Sep 2010 12:08 ]
Post subject:  Re: Just another day in court

tsuggs wrote:
Demian,

Bill is correct. CAs equivalent of a Show Cause Hearing in the case of the bail forfeiture, is our Summary Judgment date. If you don't have the defendant back in custody by then or a good reason why not, drop your pants and pull out the check book.



Got it! This I understand, thanks for the translation!

I also translate "UHJBF" to "BOHICA". I guess BOHICA is really just the prelude to UHJBF though.

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