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| Importance of DOING YOUR HOMEWORK!!! http://fugitiverecovery.com/forum/viewtopic.php?f=13&t=15289 |
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| Author: | speezack [ Tue 29 Oct 2013 06:17 ] |
| Post subject: | Importance of DOING YOUR HOMEWORK!!! |
In one my courts yesterday... Circuit court to be exact... jurisdiction will remain unlisted... I had a show cause on a case that had FTA'd in June of 2012. I was served the show cause in September of 2013... 15 months after the fact. Virginia Code section, 19.2-143 states that service on the bondman must take place within 45 days of the violation. Quote: 19.2-143 VA Code: When a person, under recognizance in a case, either as party or witness, fails to perform the condition of appearance thereof, if it is to appear before a court of record, or a district court, a hearing shall be held upon reasonable notice to all parties affording them opportunity to show cause why the recognizance or any part thereof should not be forfeited. The show cause notice shall be issued within 45 days of the breach of the condition of appearance. When I was called, I went to the bench and the judge asked me if I needed a little more time to locate the defendant???? I said, in as calm a voice as I could muster... "Your Honor, I have an issue with this case" and continued to present the facts as related to the code section. The CA had a few words relating to why the clerk of the Circuit court did not file the service on me.. and the judge asked for his law book in order to reference my statement... after a few minutes of silence... the judge looked at the CA, then looked at me and with a slight smile.. he said... "Mr. Marx, your case is dismissed" I thanked him and left... I do believe the CA was a bit upset and I am sure I will suffer the consequences in the future but right is right. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> Just want to say that I try very hard to comply with the regulations that relate to my business. I am held to a level of professionalism by the regulatory agencies, DCJS specifically and the Code of Virginia in general and those rules and regulations should apply to everyone involved in the judicial system. Often times, in the course of doing this job, I run into participants at all levels that tend to bend the rules, skirt the procedures or ignore issues that directly relate to the actions at hand. This doesn't happen often, but often enough that those of us that strive for ethical and proper actions should stand up for what is correct and right and should be applied, as stated, to all involved. All I have ever asked for in my business practices is for a fair and unbiased application of the law. I want no special treatment but I do want everyone in this industry, from the recovery agents, the bail bondsmen, the courts and all connected, to follow procedure so we can make sure that our jobs are done ethically, legally and in total compliance... If you so inclined... make note of this little tidbit of "speezack advice"... If your gonna survive in this industry... you have to do your homework... you have to at least know the rules and regulations as they directly pertain to your business or you will quickly suffer the consequences and be out of business rather quickly. and that's about all I have to say on this subject. |
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| Author: | KARMA [ Tue 29 Oct 2013 08:06 ] |
| Post subject: | Re: Importance of DOING YOUR HOMEWORK!!! |
KUDOS to you ! I too do my homework. A few minutes spent perusing the Law can oft times save one thousands of dollars. |
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| Author: | LION [ Thu 07 Nov 2013 20:15 ] |
| Post subject: | Re: Importance of DOING YOUR HOMEWORK!!! |
It always pays to do your homework .Congrats on handling this issue |
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| Author: | speezack [ Wed 13 Nov 2013 20:43 ] |
| Post subject: | Re: Importance of DOING YOUR HOMEWORK!!! |
Lion, you are the epitome of planning and homework.... since I have known you, I would say that if anyone could be held up as compliant and dotting all the i's and crossing all their T's... your da man. |
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| Author: | richardstallo [ Sat 04 Jan 2014 16:47 ] |
| Post subject: | Re: Importance of DOING YOUR HOMEWORK!!! |
I have made a point to have a copy of our state statues available to all of our agents and regularly advise them to stay informed ... especially in lite of our state (Alabama) currently trying to regulate our industry. We have just formed the Alabama Bail Agents Association (ABAA) and employ a great lobbying firm ... so we can come together as a united front and show the legislature that we DO have a voice and will not be railroaded! Amen. |
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| Author: | speezack [ Wed 26 Mar 2014 14:31 ] |
| Post subject: | Re: Importance of DOING YOUR HOMEWORK!!! |
Referring back to the initial post.... Well guess what... same thing again.... this case was in General District court... same scenario except it was only 49 days... but still after the 45 days... The CA told the judge... "... it was only a clerical error..."... the judge looked at the CA and said..."I don't think we can hold Mr. Marx on this bond on a clerical error".... YIPEEE.... THE JUDGE ACTUALLY SIDED WITH ME... A LOWLY BONDSMAN!!!! I will again point this out for all newbies or if your inclined ... but IMHO.... The things that can make the difference in a court appearance... 1. Your appearance 2. Your demeanor... that is, be very respectful and only talk when asked a question and be precise and to the point, do not ramble 3. Be prepared... have all your ducks in a row... that is... any code sections that pertain to your case... have them printed out and sitting in front of you so you can refer to them... HAVE A PLAN, STICK TO IT AND BE PREPARED... The CA asked for a continuance in order to try to find something that would influence the case... I do not think he has a leg to stand on but in the remote chance that he comes up with something, I am also doing more research and the fact that I already have a case in the same jurisdiction in a higher court should slam the door on this one... we shall see... This is what is called a precedent... and that should be what wins it in the end.... In common law legal systems, a precedent is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. |
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