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speezack
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Post subject: Lost case in Virginia Appelate court  Posted: Fri 14 Nov 2014 10:46 |
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| in memoriam |
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Joined: Fri 02 Mar 2007 10:51
Posts: 5055
Location: South Central Virginia
FRN Agency ID #: 1474
Experience: More than 10 years
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Not sure if I have posted the circumstances on this case but without going into detail, I only want to say that my daughter lost her appeal on a case that has been dragging for several years.
Basically concerning court procedures as applies to following the Virginia codes sections relating to notification when a case goes into forfeiture.
I will tell you that it seems apparent that courts in Virginia do not have to follow the rules and regulations set down in the Virginia code sections. Apparently, courts can decide which sections they want to follow and which the wish to ignore.
Her case went before the Court of Appeals and was ruled against her.
I can only say, as bondsmen and recovery agents in Virginia, you had better make sure you know who you are dealing with and make sure you follow all the regulations because the courts don't and won't and can decide who and what they wish to do...
Very sad day IMHO.
PS: I personally sat in the courtroom when the situation occurred and when the point of contention came up and the question was presented the judge actually said... and I heard him say it.... "I am not going to make my court clerks do that!!" That was in direct response to the courts sending notices to all parties concerned when a defendant missed court and the parties involved should be notified... they were not, we appealed his decision, it went up the ladder and was lost in the Virginia Court of Appeals.... again, very sad day.
_________________
Bill Marx, Sr.
"FREE STATE BAIL BONDS"
"FREE STATE INVESTIGATIONS"
DCJS: 99-176979
Cell: 434-294-0222
"Endeavor to Persevere" "Lone Watie"
"Good judgment comes from experience, and a lot of that , comes from bad judgment" "Will Rogers"
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ncbondsman13
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Post subject: Re: Lost case in Virginia Appelate court Posted: Sun 16 Nov 2014 09:17 |
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| Moderate Poster |
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Joined: Mon 16 Sep 2013 07:43
Posts: 158
Location: Johnston County, NC
FRN Agency ID #: 4640
Experience: < 3 years
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Bill, The the lack of accountability by the Va. Court of Appeals doesn't surprise me one bit. If we can't have accountability with IRS, US Attorney General, or the President of the United States then why should anyone beneath them follow the laws. I am sure that you have case law and Va. Statues that valid everything...that being said have you given any thought to appealing this to the Virginia Supreme Court. I am sure that the Court of Appeals would not be expecting this gutsy move and it would send a clear message that we will hold them accountable. In North Carolina it is clearly defined by state statues that we must be given notice on a FTA and by specific days. I am very interested in hearing your thoughts on this..  speezack wrote: Not sure if I have posted the circumstances on this case but without going into detail, I only want to say that my daughter lost her appeal on a case that has been dragging for several years.
Basically concerning court procedures as applies to following the Virginia codes sections relating to notification when a case goes into forfeiture.
I will tell you that it seems apparent that courts in Virginia do not have to follow the rules and regulations set down in the Virginia code sections. Apparently, courts can decide which sections they want to follow and which the wish to ignore.
Her case went before the Court of Appeals and was ruled against her.
I can only say, as bondsmen and recovery agents in Virginia, you had better make sure you know who you are dealing with and make sure you follow all the regulations because the courts don't and won't and can decide who and what they wish to do...
Very sad day IMHO.
PS: I personally sat in the courtroom when the situation occurred and when the point of contention came up and the question was presented the judge actually said... and I heard him say it.... "I am not going to make my court clerks do that!!" That was in direct response to the courts sending notices to all parties concerned when a defendant missed court and the parties involved should be notified... they were not, we appealed his decision, it went up the ladder and was lost in the Virginia Court of Appeals.... again, very sad day.
_________________
Robert J Brown
Bail Bondsman
NPN: 17113240
Holmes Bail Bonding
Johnston County, NC
(919) 376.6661
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speezack
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Post subject: Re: Lost case in Virginia Appelate court Posted: Mon 17 Nov 2014 18:38 |
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| in memoriam |
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Joined: Fri 02 Mar 2007 10:51
Posts: 5055
Location: South Central Virginia
FRN Agency ID #: 1474
Experience: More than 10 years
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I am not sure what my daughter is planning although she did tell me she intends on writing letters to those in power... I suppose she could appeal to the Supreme Court of Virginia... not sure what that may involve but I can tell you that my daughter has a bigger "set" than many men I know... she is gutsy and will not back down from anyone... including me...
I will let you know what she decides. For now, the case is just on the shelf.
_________________
Bill Marx, Sr.
"FREE STATE BAIL BONDS"
"FREE STATE INVESTIGATIONS"
DCJS: 99-176979
Cell: 434-294-0222
"Endeavor to Persevere" "Lone Watie"
"Good judgment comes from experience, and a lot of that , comes from bad judgment" "Will Rogers"
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ncbondsman13
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Post subject: Re: Lost case in Virginia Appelate court Posted: Mon 17 Nov 2014 21:55 |
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| Moderate Poster |
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Joined: Mon 16 Sep 2013 07:43
Posts: 158
Location: Johnston County, NC
FRN Agency ID #: 4640
Experience: < 3 years
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Bill, It definitely sounds like you are very proud of your daughter. All the best for whatever decision she decides to make.
_________________
Robert J Brown
Bail Bondsman
NPN: 17113240
Holmes Bail Bonding
Johnston County, NC
(919) 376.6661
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ChuckJ
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Post subject: Re: Lost case in Virginia Appelate court Posted: Sun 11 Jan 2015 22:28 |
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| Advanced Poster |
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Joined: Wed 10 Nov 2004 21:00
Posts: 664
FRN Agency ID #: 4006
Experience: More than 10 years
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Maybe its a commonwealth state kind of thing. Pennsylvania courts also tend to ignore statutes in favor of a judges personal views, PA is a judicial dictatorship, the judicial branch frequently acts as though they are also executive and legislative branches of government. The PA Supreme Court ruled that its rules supercede any conflicting statutes, some years ago they heard a case that involved their salary and ruled in favor of themselve. ...wworking in law enforcement in PA could be frustrating at times given the schizophrenic judicial system. I chalked it up to being a commonwealth state.
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ncbondsman13
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Post subject: Re: Lost case in Virginia Appelate court Posted: Tue 13 Jan 2015 08:30 |
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| Moderate Poster |
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Joined: Mon 16 Sep 2013 07:43
Posts: 158
Location: Johnston County, NC
FRN Agency ID #: 4640
Experience: < 3 years
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Indeed..Bill it is a very sad day when you can't even count on the Courts to follow the laws. I obviously do not know your laws in Virginia. I am to assume that the your your law mandates that when there is a forfeiture that the Court Clerk is required to send the bondsman a forfeiture notice. If this is correct then you need to appeal your latest court decision. I realize this is easier said then done, but if a lazy or incompetent judge get's away with this then it will set a precedent that will ripple down to every other bondsman...your thoughts. speezack wrote: Not sure if I have posted the circumstances on this case but without going into detail, I only want to say that my daughter lost her appeal on a case that has been dragging for several years.
Basically concerning court procedures as applies to following the Virginia codes sections relating to notification when a case goes into forfeiture.
I will tell you that it seems apparent that courts in Virginia do not have to follow the rules and regulations set down in the Virginia code sections. Apparently, courts can decide which sections they want to follow and which the wish to ignore.
Her case went before the Court of Appeals and was ruled against her.
I can only say, as bondsmen and recovery agents in Virginia, you had better make sure you know who you are dealing with and make sure you follow all the regulations because the courts don't and won't and can decide who and what they wish to do...
Very sad day IMHO.
PS: I personally sat in the courtroom when the situation occurred and when the point of contention came up and the question was presented the judge actually said... and I heard him say it.... "I am not going to make my court clerks do that!!" That was in direct response to the courts sending notices to all parties concerned when a defendant missed court and the parties involved should be notified... they were not, we appealed his decision, it went up the ladder and was lost in the Virginia Court of Appeals.... again, very sad day.
_________________
Robert J Brown
Bail Bondsman
NPN: 17113240
Holmes Bail Bonding
Johnston County, NC
(919) 376.6661
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ncbondsman13
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Post subject: Re: Lost case in Virginia Appelate court Posted: Tue 13 Jan 2015 08:44 |
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| Moderate Poster |
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Joined: Mon 16 Sep 2013 07:43
Posts: 158
Location: Johnston County, NC
FRN Agency ID #: 4640
Experience: < 3 years
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Bill, I happened to see this response afterwards. However,according to VA statutes if this is considered a Civil Case...then you only have (30) days after entry of final judgement to file your appeal to Supreme Court of Virginia...to quote Winston Churchill " Never, Ever, Ever Give Up!"  speezack wrote: I am not sure what my daughter is planning although she did tell me she intends on writing letters to those in power... I suppose she could appeal to the Supreme Court of Virginia... not sure what that may involve but I can tell you that my daughter has a bigger "set" than many men I know... she is gutsy and will not back down from anyone... including me...
I will let you know what she decides. For now, the case is just on the shelf.
_________________
Robert J Brown
Bail Bondsman
NPN: 17113240
Holmes Bail Bonding
Johnston County, NC
(919) 376.6661
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ncbondsman13
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Post subject: Re: Lost case in Virginia Appelate court Posted: Tue 13 Jan 2015 08:44 |
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| Moderate Poster |
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Joined: Mon 16 Sep 2013 07:43
Posts: 158
Location: Johnston County, NC
FRN Agency ID #: 4640
Experience: < 3 years
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Bill, I happened to see this response afterwards. However,according to VA statutes if this is considered a Civil Case...then you only have (30) days after entry of final judgement to file your appeal to Supreme Court of Virginia...to quote Winston Churchill " Never, Ever, Ever Give Up!" speezack wrote: I am not sure what my daughter is planning although she did tell me she intends on writing letters to those in power... I suppose she could appeal to the Supreme Court of Virginia... not sure what that may involve but I can tell you that my daughter has a bigger "set" than many men I know... she is gutsy and will not back down from anyone... including me...
I will let you know what she decides. For now, the case is just on the shelf.
_________________
Robert J Brown
Bail Bondsman
NPN: 17113240
Holmes Bail Bonding
Johnston County, NC
(919) 376.6661
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