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| What circumstances do you normally revoke "New York" bonds? http://fugitiverecovery.com/forum/viewtopic.php?f=13&t=11825 |
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| Author: | WayUpNY [ Thu 17 Mar 2011 20:34 ] |
| Post subject: | What circumstances do you normally revoke "New York" bonds? |
To the New York State folks, what common circumstances warrant bond revocation and "what is the procedure to revoke a bond in your area of responsiblity"? ie under NY CPL 530.80 ? Thanks |
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| Author: | BigDave [ Fri 18 Mar 2011 23:29 ] |
| Post subject: | Re: What circumstances do you normally revoke "New York" bon |
I sent you a PM ED. Feel free to give me a call if it was unclear. |
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| Author: | WayUpNY [ Sat 19 Mar 2011 04:53 ] |
| Post subject: | Re: What circumstances do you normally revoke "New York" bon |
Thanks BigDave...just responded. Ed |
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| Author: | speezack [ Sun 20 Mar 2011 07:15 ] |
| Post subject: | Re: What circumstances do you normally revoke "New York" bon |
WayUpNY wrote: <<>>what common circumstances warrant bond revocation and "what is the procedure to revoke a bond in your area of responsiblity"?<<>>Thanks Procedures of course relate to individual states and their requirements... however, circumstances are pretty much nationwide... as follows... Circumstances: Too may instances to name, however, to put a blanket on the entire scenario.... I can and will revoke a bond for basically any reason that I as the bondsman feel is an unacceptable risk for the liability I have incurred... in other words... and I tell each and every defendant and indemnitor on every bond I write... "as long as you make all your court appearances and stay out of trouble, I will stay on your bond and you will have no problems... if you violate any of these conditions, you will be rearrested and your bond will be revoked.." that pretty much simplifies and clarifies my position. I also make sure that everyone knows..."any costs incurred in rearresting you, falls on everyone involved. Now there may be those that don't need this said but I pretty much tell everyone this. The one thing that seems to happen occasionally... indemnitors get cold feet and want to revoke a bond... in that instance... I spell out the costs factors and the procedures and explain that as long as the defendant is abiding by the conditions... he should be left alone... of course sometimes the indemnitor just wants "off the bond" and of course, they have that right. However, sometimes the indemnitor just wants to "hold rearrest over the heads of the defendant" as a threat to do something or gain control... so if I determine that is the cause of the revocation... I will generally hold off... each case is of course different and it sometimes gets a bit difficult to sort through. In Virginia, although I think this is not the case in several states bordering us... I, as the bondsman, can rearrest and revoke a bond for basically any legitimate reason I feel increases my risk to a point that is unacceptable. I get a 'bail-piece' ie: 'surety capias', pick him up, get the paper signed and be done with it. End of story. ------------------------------------------------------------ This week I had a mother that wanted to "lock up her son" who I had bonded on a $10,000... he was using drugs, drinking heavily and was acting crazy... she wanted him back in jail .............. "for his protection"... I explained that if I had to pick him up there was a charge involved... and unless he actually broke a law, LE would not pick him up... anyway, he got arrested that very nite for attempting to break in a business... so that took care of itself... just an example of what I was speaking of............ |
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| Author: | Mdbtyhtr [ Sun 20 Mar 2011 15:18 ] |
| Post subject: | Re: What circumstances do you normally revoke "New York" bon |
I have a client out on bond currently and his grandmother, the indemnitor, is a class act and no nonsense. She, as a condition of posting the bond, wants her grandson living with her until he completes his legal obligations. Defendant didn't like grandma telling him what to do, although when he was in jail, he agreed to the terms so that she would post his bond. According to Grandma, "In my family, we don't do jail." I get a call from an attorney, who manages the defendant's girlfriend's trust fund. He tells me that since he is an attorney, that I have no authority to lock the defendant back up for not complying with his grandmother. I politely corrected him under no uncertain terms and explained that if he had been retained, and he hadn't, then and only then would he have an opinion in the matter. Should he pursue his position against me, for actions not even contemplated yet by me (grandma was threatening the boy) that I would seek all civil remedy available to me in a court of law, to include pursuing his bar card for making threats against me and attempting to intimidate me on a matter he has not been retained in. I expect he did some homework, because I have heard nothing since! Scott |
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| Author: | WayUpNY [ Sun 20 Mar 2011 16:11 ] |
| Post subject: | Re: What circumstances do you normally revoke "New York" bon |
speezack, Mdbtyhtr, BigDave Thanks guys...great stuff, I sincerely appreciate it . |
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| Author: | speezack [ Sun 20 Mar 2011 19:34 ] |
| Post subject: | Re: What circumstances do you normally revoke "New York" bon |
I might just mention that if an indemnitor wants off a bond... for whatever reason (they can and do have that right)..... it obviously changes the risk and puts me in a position of either revoking the bond.......... or....... and this is a decision related to each case.... I can, with the approval of all involved, choose to put another indemnitor on the bond, which is basically like starting over.... I also charge a fee, usually around $250 to change indemnitors and the new one of course has to be checked out in depth. The simple fact is that I basically have the right to revoke a bond for any 'legitimate' reason, period. I do not, however, make it a habit to revoke bonds unless I do have a pretty good reason. I also am aware of bondsmen that have written bonds and turned around the next day and revoked them... locking the defendant up and coming off the bond for no other reason than ........... "they felt uncomfortable"... well, ghee.... 'welcome to the business'.... and these bondsmen are still in business, even as such......................... go figure??? |
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| Author: | ak76239mm [ Sun 10 Apr 2011 20:02 ] |
| Post subject: | Re: What circumstances do you normally revoke "New York" bon |
I am in the process of getting my MI bail bond license transferred over to NY. I checked out the Department of Insurance website and seen lots of good FAQ. Is there any NYS specific bail bond books you would recommend as far as writing/posting bonds? |
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