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FUGITIVE RECOVERY IN VIRGINIA
http://fugitiverecovery.com/forum/viewtopic.php?f=13&t=8607		 Page 1 of 2
Author:  speezack [ Tue 17 Jun 2008 07:48 ]
Post subject:  FUGITIVE RECOVERY IN VIRGINIA
I was recently contacted by a bondsman in another state regarding a recovery in Virginia. There are a wide variety of laws and regulations related to out of state recovery. Almost every state has its' own set of regulations.

Here are Virginias.... per DCJS and my attorney

Bottom line... along with your proper paperwork... you need to have a registered (with Virginia DCJS) bondsman or fugitive recovery agent do the work in this state... end of discussion.

I never advise people any different but I know of instances where licensed agents form other states have come into Virginia, on their own, with no Virginia help... found, apprehended and returned fugitives to their respective states with no problems... but of course they did not encounter LE in the process.

I have also known of out of state agents that have come into Virginia... contact local LE in the area they were looking... actually got a helping hand from LE, picked up the fugitive and returned with no apparent problems.......... so go figure?????????

But to be legal and have no possible problems... you need a licensed rep. to do the job.
Author:  AWOBB [ Tue 17 Jun 2008 08:06 ]
Post subject:  Re: FUGITIVE RECOVERY IN VIRGINIA
Bill,

I want to Thank You for the information you have given us here on FRN about the laws in your state. Also I want to Thank Scott M. for his information also. Without people knowing there laws in their state on Recovery's and passing the info to other agents from other states, alot of people would be arrested that's for sure.
Author:  SnoWolf [ Tue 17 Jun 2008 08:49 ]
Post subject:  Re: FUGITIVE RECOVERY IN VIRGINIA
I, too, appreciate the information. I have been lead to believe something different so this is information that will be useful.
Author:  BigDave [ Tue 17 Jun 2008 09:19 ]
Post subject:  Re: FUGITIVE RECOVERY IN VIRGINIA
I also appreciate the info.

Another note I would like to add is that even though LE did not do anything in those instances where they knew the BEA was from out of state......and even for the lucky ones that did not get caught just going in and grabbing someone doesn't mean they can't and will not get into any legal problems.

If the defendant gets a "good" lawyer and the lawyer does his job correctly and finds that the defendant was removed from another state with those laws in place I would think that the lawyer should be able to get something done, which I would think be contacting the DA from that state the defendant was removed from and notify them of the BEA actions for one. I'm sure there is other things the lawyer can get done in that instance. Just my thought. Maybe this paragraph shouldn't be here for "outsiders" to read, but I don't have access to the restricted area anyway............yet hopefully.Hint..hint :mrgreen:

I would heed the advice given and follow the laws for that particular state you are trying to recover a skip in. The worst that will happen is that the VA BEA will be given a cut of the profits, but that's nothing compared to what could happen if you disregard the law.
Author:  Yak [ Tue 17 Jun 2008 09:45 ]
Post subject:  Re: FUGITIVE RECOVERY IN VIRGINIA
It takes nothing more than common sense than to check ANY States laws for apprehensions
& gun laws before going to grab a skip. Also check every state law that you drive through as to their gun & ccw regulations. Some states not only require a state licenced BEA or Bondsman to assist with the recovery, some require that the skip is escorted to the state line
before an out of state Recovery Agent take over. If you can't figure out or understand the verbage of the written laws, then ASK or call your brothers & sisters here for the interpretation, .... Thats what we're here for.
Author:  BigDave [ Tue 17 Jun 2008 09:49 ]
Post subject:  Re: FUGITIVE RECOVERY IN VIRGINIA
Good advice Yak......almost forgot about the carry laws.

By the way hows it going in NJ. Are they implementing anything new.
Don't mean to change the subject from the original thread....just curious.
Author:  Yak [ Tue 17 Jun 2008 09:57 ]
Post subject:  Re: FUGITIVE RECOVERY IN VIRGINIA
I'll fill everyone in when I get the complete lowdown Big Dave. I've been calling non stop since last week and have run into a few more roadblocks as to their continued confusion.
Author:  speezack [ Tue 17 Jun 2008 10:07 ]
Post subject:  Re: FUGITIVE RECOVERY IN VIRGINIA
BigDave wrote:
I would heed the advice given and follow the laws for that particular state you are trying to recover a skip in.


Boy, we all have untold stories about going after someone in other states.... tooo tooooo numorous to tell here....................

quickie..... SC to pick up a fugitive.... went in, hit the house after IDing the guy.... cuffed... into the back seat.... hauled a-- ........ back here..... whew!!......... sweating big time... it ain't worth it I think... could have gotten in a lot... lot of sh--.

... just find a good BEA on FRN and pay him to get him and put him in your hands... money well spent... it may be a little harder and cost a few more dollars but in the long run you will benefit and have many lesssssss grey hairs.....

I am curious about NC, WVA... I have gone in there and had no problems with LE but I have to admit I did not and do not know the related laws for FR in those two... I go into NC frequently but mostly in the northern jurisdictions and I sort of know my way around those little towns..... that does help but I may still be outside the law.
Author:  DSI [ Tue 17 Jun 2008 10:37 ]
Post subject:  Re: FUGITIVE RECOVERY IN VIRGINIA
Speezack, this may help you concerning West Virginia BEA/FRA.


[b]All "bail bond enforcers" must register with the West Virginia state police.

That registration must:

(1) identify at least one bond agent for whom the enforcer is authorized to act,

(2) include written authorization from that bonding agent,

(3) include the enforcer's certified fingerprints, and

(4) include one photograph.

To register, an enforcer must be at least 21 years old, a citizen of the U.S., and have no felony convictions.

A bonding agent can grant an ongoing 2-year authorization to an enforcer who is a West Virginia citizen to seek all defendants for whom the bonding agent acts as surety. The bonding agent otherwise can grant a 60 day authorization to an enforcer, in which case the enforcer must notify the state police of the time and place of any proposed action, and if the enforcer is not a state resident, he also must notify the police the date he will enter the state.

Out of state bounty hunters must abide by the same requirements of in-state (including written authorization from in-state bonding agent).

An enforcer is to be considered the legal agent of the bonding agent.

An enforcer cannot:

(1) enter an occupied residential structure (i.e., a house or apartment) without the consent of the occupants who are then present,

(2) arrest a defendant without written authorization from the bondsman,

(3) wear or carry any uniform or badge that implies that the enforcer is a state agent or employee (but "may display identification that indicates his or her status as a bail bond enforcer only"), and

(4) must exercise due care to protect the safety of third parties. H.B. 4481 (Enacted April 4, 2000).
Author:  SpanielPI [ Tue 17 Jun 2008 10:41 ]
Post subject:  Re: FUGITIVE RECOVERY IN VIRGINIA
In any out of state recovery there are constants that have to be researched:

1) Out of state rights to Apprehend

2) CCW laws

3) NCIC warrant in place

4) CERTIFIED Bondsman's warrant, Bail piece, etc. I know alot of BEA's will use copies of the bondsman's paper work, Most states require a CERTIFIED copy from the courthouse for out of state recoveries.

5) UCEA.

You may legally pass through certain states enroute to your target area; However, your return trip with your skip in cuffs may require some detours, depending on the state you are going through.
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