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| Abduction by Bail Bondsman http://fugitiverecovery.com/forum/viewtopic.php?f=13&t=14526 |
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| Author: | JstiffBEA [ Thu 28 Feb 2013 08:18 ] |
| Post subject: | Abduction by Bail Bondsman |
I was just doing some informative research and I came across this on the Virginia Department of Criminal Justice Services Website and thought this was rather interesting. It also reiterates the need for out of state bondsmen to use QUALIFIED AND LICENSED recovery agents if they have a skip that is in Virginia. Posted below is the information I found and I would like to see the input of other respected members of this forum on this. Abduction by bail bondsman •Collins v. Commonwealth , 283 VA 263, 720 SE2d 530 (1/13/2012) •Upholding conviction of North Carolina bail bondsman, not licensed in Virginia, for attempted abduction and use of a firearm, trying to capture “fugitive.” •The General Assembly has abolished any common law privilege for out-of-state bondsmen to enter the Commonwealth without authorization in order to capture fugitives. • In the absence of common law privilege, defendant had no right to use force to detain anyone. If I understand this correctly an out of state bail bondsman attempting to recover a fugitve in Virginia without using a licensed Virginia Bail Enforcement Agent can be charged with attempted abduction and use of a firearm if there is a firearm present during recovery??? Insight please??? Im posting the link to this as well below. http://www.dcjs.virginia.gov/cple/docum ... ws2012.pdf |
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| Author: | Mdbtyhtr [ Thu 28 Feb 2013 09:01 ] |
| Post subject: | Re: Abduction by Bail Bondsman |
Note "...without authorization" as a bondsman from out if state can approach LE for them to make the apprehension and then file for formal extradition proceedings to the wanting state, provided the warrant is in NCIC as extraditable from VA. Absent that scenario, you are correct. But you knew that. Scott |
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| Author: | JstiffBEA [ Thu 28 Feb 2013 15:04 ] |
| Post subject: | Re: Abduction by Bail Bondsman |
Yes i did Scott. But the whole intent of the law imho is to ensure that only individuals who have met the requirements of Va law and DCJS attempt to recover a fugitive. I have firsthand knowledge of out of state recovery agents coming to Va and doing a capture and hauling ass to the state line before they got caught. If the recovery laws in Va were more widely enforced then just maybe it would create more work for those of us licensed. |
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| Author: | B Williams [ Thu 28 Feb 2013 15:33 ] |
| Post subject: | Re: Abduction by Bail Bondsman |
You are correct, sir. I know Collins and I think he's doing time for his deeds right now...Bill Marx can fill you in much better than me, he lives in VA. Take care |
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