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New Kid on the Block
http://fugitiverecovery.com/forum/viewtopic.php?f=13&t=2508
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Author:  tristate [ Thu 30 Nov 2006 10:39 ]
Post subject:  New Kid on the Block

Hi everyone.
My name is Jeff, I live in Australia and I am in the process of starting the countries first Fugitive Recovery Service.
I have been involved in Law Enforcement and Security since 1992 but have decided to go another way.
There is a great need for a Fugitive recovery Service as in one State alone there are 6,300 {yes, that's right} active FTA warrants. Unfortunately the Police do not have the resources to go after these FTA's themselves, and there is no one else.
One of our bad ass drug dealers was actually out of bail for 3yrs before he decided to skip the country, the powers that be let him keep his Passport.
The only drawback I may have is that something like this service could be "to American" but when the Police Services agree that something needs to be done about this situation, but they don't know what, all you can do is try.
So any advice, help and even encouragement would be greatly appreaciated.
Thanks in advance
Jeff

Author:  SpanielPI [ Thu 30 Nov 2006 11:02 ]
Post subject: 

In my opinion, I state the following:

Just as our system of bail and reocvery is based on Old English Common Law, I would think then that you could legally make a case for your authority based on the same foundations.

However, in order to have this authority, again it seems to me, that there has to be a law on the books granting you that power. I would also do some history research and see if bail recovery was ever conducted during the formative yours of your country. What I am trying to get at is existing case law that has already been taken to court and accepted by the courts recognizing a bail bondspersons right to recover thier risk.

Secondly, since you obviously do have a bail system in place there, then it logically follows that the right to recover your risk also already exists. All you need is the standard written contract between you and the bondsperson designating you as thier agent in this matter.

As far as what your rights are as a BEA in that country, again it seems to me that they would be similar to ours with the few exceptions regarding firearms and other weapons that are currently available to us, that are not to you.

I would consult with a lawyer that specializes in Old English Common Law and do some research.

Take care and God Bless,

Author:  tristate [ Thu 30 Nov 2006 11:22 ]
Post subject: 

Hi Mindtracker
Actually the law already exists.
It states that "an arrest warrant may be given to a named Police Officer/Police Service, a Law Enforcement Officer or any other authorized person who would not normally have the authority".
As for our Bail system it's not like the U.S as we do not have "Bail Bond Companies'.
If a surety is required they either post it themselves or friend/family posts it.
As we still have Citizens Arrest, the person who posted the surety can "arrest the bailed subject without warrant if it is believed that a crime is taking place/has taken place/was seen to take place" but they are looking at taking that off the books.

Author:  SpanielPI [ Thu 30 Nov 2006 11:31 ]
Post subject: 

Then I would write what we call a LOA...Letter of Appointment designating you as the contracted agent empowered to act on the behalf of the surety to investigate, retrieve (by whatever means required), and surrender the risk to the nearest jail as soon as it is practical to do so.

I would consult with an attorny before doing this. I would also go ahead and get whatever PI licenses are available as your laws probably require these in order to conduct your investigations.

Author:  HoundDog [ Sun 03 Dec 2006 09:36 ]
Post subject: 

You might want to try and send a PM to Wolf93usa he used to be a police officer in your country and moved here less than 3 years ago.

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