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 Post subject: Giving advice
 Post Posted: Tue 02 Dec 2008 19:31 
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Joined: Sun 30 Nov 2008 19:40
Posts: 3
Location: KC Missouri
FRN Agency ID #: 0
Experience: < 1 year
It seems to me that in the process of bailing out a defendant, a first-timer is usually afraid, doesn't understand the system and doesn't know what to do next. Everything from what to wear, where to go, to what to expect at the arraignment. I always tell them I'm not an attorney, but I give them basic info about how to find a lawyer, etc.

My question is- am I bordering on doing anything illegal by giving basic suggestions on how to handle the next steps?

My goal is to help ease the defendant's stress and give them basic info which will make them less likely to skip out on the arraignment out of fear for what will happen. I tend to want to mentor people in general, and want to help people out in these kinds of stressful situations.

Along those same lines, what if i suggest a particular law firm. Even if i am not receiving any compensation from the firm, and I crossing a line legally?

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 Post subject: Re: Giving advice
 Post Posted: Tue 02 Dec 2008 19:54 
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Joined: Thu 16 Jun 2005 16:04
Posts: 4598
Location: NE Alabama
FRN Agency ID #: 5
Experience: More than 10 years
All good questions, and as always check with your local authorities, AG office as well for answers.

This is my opinion:

Having said that, if you print up the proverbial sign that reads "We are not allowed to give legal advice" and hang it up in a prominent place in your office that will cover you to some degree. Also, verbally stating that to your defendant's, will also cover you to some degree.

then you can attempt to answer thier questions in this matter:

1) I am not an attorney.

2) I am attempting to explain the bail process to you. Do not confuse this with getting legal advice. It is your choice to plead guilty. or not guilty. That area should be discussed with your attorney.

Then you simply go into the process.....arraignment, hearings, appearance dates, obligations to you while on bail, etc etc.

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River City Associates
Decatur, Al. 35601


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 Post subject: Re: Giving advice
 Post Posted: Tue 02 Dec 2008 22:04 
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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
Here's my line.......... :

"My job is to get you out of jail... your job is to go to court.... that is the only liability you have with me as your bondsman."

another is:

"This has nothing to do with guilt or innocence... that is decided in the courtroom... all you have to do is be there."

and another:

"I can provide you with contact numbers to several qualified attorneys that can answer any questions you may have regarding your case... the only info I can provide is from my position as your bondsman."

and yet another:

"Here is the number for the clerks office in the courtroom you are scheduled to appear in... they can answer your questions in detail"

and one more:

"I'm not an attorney, I'm just a bondsman and any information I might provide may or may not be correct, I would advise you to verify anything I might tell you with your attorney."


Variations of any of these would probably work in most situations. Of course you can still give advise... we all do it all the time... in fact... that's what we are doing now.... :roll:

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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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 Post subject: Re: Giving advice
 Post Posted: Wed 03 Dec 2008 09:15 
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Joined: Tue 22 Feb 2005 19:28
Posts: 1807
Location: Ohio & Nationwide
FRN Agency ID #: 757
Experience: More than 10 years
speezack wrote:
Here's my line.......... :

"My job is to get you out of jail... your job is to go to court.... that is the only liability you have with me as your bondsman."

another is:

"This has nothing to do with guilt or innocence... that is decided in the courtroom... all you have to do is be there."

and another:

"I can provide you with contact numbers to several qualified attorneys that can answer any questions you may have regarding your case... the only info I can provide is from my position as your bondsman."

and yet another:

"Here is the number for the clerks office in the courtroom you are scheduled to appear in... they can answer your questions in detail"

and one more:

"I'm not an attorney, I'm just a bondsman and any information I might provide may or may not be correct, I would advise you to verify anything I might tell you with your attorney."


Variations of any of these would probably work in most situations. Of course you can still give advise... we all do it all the time... in fact... that's what we are doing now.... :roll:


Bingo....... Bill, your right on the money. Like always...... :lol: :lol: :lol:

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Steve Faircloth
A Way Out Bail Bonds
(220) 204-9733 Cell
NSIN# SF0105
LIC. #704058


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 Post subject: Re: Giving advice
 Post Posted: Wed 03 Dec 2008 10:08 
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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
AWOBB wrote:
Bingo....... Bill, your right on the money. Like always...... :lol: :lol: :lol:


That's why I like you Steve... your such a great judge of character... :shock:

_________________
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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 Post subject: Re: Giving advice
 Post Posted: Wed 03 Dec 2008 14:51 
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Joined: Fri 28 Mar 2008 04:55
Posts: 1269
Location: Maryland, Delaware, & Virginia
FRN Agency ID #: 1988
Experience: More than 10 years
speezack wrote:
AWOBB wrote:
Bingo....... Bill, your right on the money. Like always...... :lol: :lol: :lol:


That's why I like you Steve... your such a great judge of character... :shock:


:lol: :lol: :lol:

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Domestic Security Investigations
P.O. Box 4462
Rockville, MD 20849
Tel: 1-800-387-0787

Anti-Moral Majority Club President
"Fear not the unknown, Fear the person who controls the unknown" Gene 7:14


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