Kentucky

Some of you may know that in 2000 the Law in Kentucky was amended to allow out of State Bail Agents to arrest Bail Fugitives who flee to Kentucky providing they comply with Act - KRS 440.270 & 440.280. However Law Enforcement is still behind in the times.


If you would like to know which County I refer to in this Post e-mail me at cpsabea@yahoo.com

Here's what happened.

One of our investigators went to a certain County in Kentucky to arrest a Bail Fugitive we tracked there, we had his location and even had a pretext in place where the fugitive was going to meet the investigator.

As required by a KY Law enacted in 2000 our investigator notified / Register with the State Police and Sheriff's Office of his presence and intentions and provided them with a copy of the warrant and other information, they in our opinion stalled him until the local States Attorney met with him and tried to misinform him of the Law (didn't work since he had a copy of the Law with him) meanwhile the Sheriff's Dept went and warned the fugitive that the investigator was there.

The way we discovered this was that since the Sheriff's Dept. was not cooperating we called and tried to use our pretext to get the fugitive to meet our investigators in the next state with the promise of a construction job but we were quickly informed that the Police had already stopped by and advised of what was going on.

The Sheriff told me that his deputies went there and advised them to call them if our investigator went there. Same thing, they tipped off the fugitive as far as I'm concerned.

This is Corruption and we intend to request the US Attorneys Office to investigate and file charges against those involved.

So, you mean to tell me this is what we ( Bail Bondsman/Bail Enforcement ) are up against with some of the law enforcement out there?


Thanks

Robert Brown

Pennsylvania Professional Bail Bondsman
License # 5000121

Hello Robert,
All of us here can tell you many war stories with the LEO's many of them are not going to help you as they feel we have way to much power over our FTA's, and also they have had to deal with many bad BEA's through the years. Its not something that has just come up it is getting better now that there are licensing rules in most States but there was a time that a bondsman could send joe-blow crackhead after thier skips.

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The Rose Investigations LLC
Collection Agency
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Retired Private Investigator & Bail Enforcement
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Office 260-220-3877
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It is frustrating as hell when you comply with their laws and then they violate them because of some preconceived prejudice. By the sounds of it you did everything correctly according to Kentucky state law. You have to buy a permit from the state police and then another permit from the local sheriffs dept. They are both good for 30 days. We have some contacts with the state police in Kentucky if you want to call us we can see if our contact is in the area you were looking for your guy. Otherwise going higher up the chain filing complaints and demanding answers is the best solution.

Thanks Robert, we received the case after the Bondsman had already received an extension and had less than a week before forfeiture so it's too late to make the recovery however we did submit a report about how the Sheriff prevented us from doing our job, so that may help get him off the bond, the fugitive although wanted on a criminal charge is an illegal alien so we have asked immigration to detain him, this may also help exonerate the bond.

I doubt the Sheriff will pull the same bologna with ICE Agents. I'll post here to let you guys know how it turns out.

AS A FORMER LEO I CAN ALMOST UNDERSTAND-I SAID ALMOST NO MATTER WHAT WE OR LEO BELIEVE WE ARE ON THE SAME SIDE WITH ABOUT THE SAME GOAL(REMOVE BAD GUYS FROM THE STREET)

I BELIEVE THE LEO IS GUILTY OF ABUSE OF AUTHORITY AND I WOULD SUE BOTH THE LAW ENFORCEMENT AGENCY , THE HIGH SHERIFF AND THE COUNTY ATTORNEY IN SMALL CLAIMS COURT IN YOUR AREA FOR THE DOLLAR AMOUNT YOU ARE OWED IF YOU CAPTURED THE SKIP

NEXT I WOULD MAKE A WRITTEN COMPLAINT TO THE STATE ATTORNEY GENERAL OF KENTUCY AND ASK FOR A INVESTIGATION AND CRIMINAL CHARGES BE BROUGHT AGAINST THE RESPONSIBLE PARTIES.IF NOTHING ELSE YOU AT LEAST MAKE THEM STAND UP AND NOTICE THAT WE FOLLOW BOTH THE LETTER AND SPIRIT OF THE LAW AND THAT PEOPLE ARE WATCHING.MAYBE NEXT TIME YOU NEED TO GO TO KY THEY WILL BE A LITTLE MORE AGREEABLE

In addition to being a BEA I'm a Humane Law Police Officer and former County Corrections Officer so I can relate to Law Enforcement and concerns about the Safety of the Community, however our investigator is a 15 year fugitive recovery veteran and former DEA Agent who gives Law Enforcement the utmost respect, right or wrong he would not have attempted to apprehend the fugitive in the Sheriff's jurisdiction after the Sheriff ordered him not to.

When I spoke to the Sheriff he said "you can't lie to the fugitive to trick him into leaving this jurisdiction" I guess this attitude must be reassuring to criminals in that County. My biggest concern is the Sheriff actually having his deputies go to the fugitives suspected residence and warn them, this makes me very suspicious of his motives.

AN ACT relating to bounty hunters.
Be it enacted by the General Assembly of the Commonwealth of Kentucky:



SECTION 1. A NEW SECTION OF KRS CHAPTER 440 IS CREATED TO READ AS FOLLOWS:
(1) As used in this section, "bounty hunter" means any person whose services or actions performed are for the purpose of capturing a fugitive for a gratuity, additional pecuniary benefit, compensation previously paid by a non-governmental entity, or a reward. "Bounty hunter" includes a bail bondsman and his or her agent.
(2) Every bounty hunter shall, prior to taking any action in that person's capacity as a bounty hunter, notify the state police of the bounty hunter's presence in the Commonwealth and notify the sheriff of each county in which surveillance or apprehension is to take place of the bounty hunter's presence in that county. The bounty hunter shall make a separate notification for each fugitive being pursued by the bounty hunter and shall, where the bounty hunter remains in the Commonwealth, register the bounty hunter's presence each month that the bounty hunter remains in the Commonwealth. Notification to the state police shall be on a form provided by the state police and may be done at any state police post. Notification to the sheriff shall be on a form provided by the sheriff. Any form provided under this section shall request, and the bounty hunter shall provide, information on the bounty hunter and the fugitive the bounty hunter is pursuing, including the legal names of the bounty hunter and the fugitive, as well as the bounty hunter's address, local address, and motor vehicle registration. Both the state police and the sheriff may charge a five dollar ($5) fee for the acceptance of a form making a notification of a bounty hunter's presence.
(3) While a bounty hunter may make an arrest under KRS 440.270 and 440.280, nothing in this section or any other law of the Commonwealth shall be construed to authorize a bounty hunter to commit any breach of the peace relative to other persons who are not subject to arrest by the bounty hunter or to break and enter any property in the Commonwealth, regardless of whether the bounty hunter in so doing may be acting under the color of law of another jurisdiction or in accordance with court process issued by another jurisdiction. No bounty hunter may command or attempt to command another person not subject to arrest by the bounty hunter to do any act or to refrain from any lawful conduct.
(4) A bounty hunter who violates the provisions of subsection (2) of this section shall be guilty of a Class D felony. Any bounty hunter who violates the provisions of subsection (3) of this section by unlawfully commanding or attempting to command another shall be guilty of a Class D felony, unless the bounty hunter displays or suggests the presence of a deadly weapon accessible to the bounty hunter, in which case the offense is a Class C felony.

Bumped due to relevance to a current topic . . .

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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

As embarrassing as it is to say, that was a bill that was introduced in the KY legislature but was never passed into law, so I was the one that was wrong, a while after posting about this back in "05 I had a lawyer I knew in KY look into it.

I don't want to see anyone steered in the wrong direction like I was back then. Luvonda, it was your X that gave me the info, he probably got it from Barber.

My advice for KY skips is document, locate and call LE.