Fugitive Recovery Network (FRN)
http://fugitiverecovery.com/forum/

ok and tx
http://fugitiverecovery.com/forum/viewtopic.php?f=13&t=9601		 Page 1 of 2
Author:  ok-hunter [ Wed 11 Feb 2009 13:39 ]
Post subject:  ok and tx
OK I am new But I need to know if a fugitive recovery agent with the proper paper work from a bondsman can go in to texas to get some one that ran from oklahoma ???
Author:  AndyL [ Wed 11 Feb 2009 14:40 ]
Post subject:  Re: ok and tx
Unless they treat you Okies better than us Missouri ruffians, lmao, you cant do anything in TX. You have to hire a TX PI to do it for you. If its a misdemeanor, and not extraditable, your screwed. They may as well be in Illinois, Wisconsin, Kentucky or Oregon. Ive spent quite a bit of cash in the last few years trying to get around it and, as far as I can see, it cant be done.

If you DO find a way to legally get them out of TX on misdemeanors, let me know please. I got one there right now.

Good Luck.
Author:  Apollo [ Wed 11 Feb 2009 16:43 ]
Post subject:  Re: ok and tx
Wow that sucks :( Which reminds me i need to look up bail laws in the surrounding states.
Author:  Eagle [ Wed 11 Feb 2009 20:42 ]
Post subject:  Re: ok and tx
I have found a legal way to do it...
Author:  Eagle [ Wed 11 Feb 2009 21:35 ]
Post subject:  Re: ok and tx
OK ok-hunter, Andy is pretty much on target with his post. I only jumped in on this post because of our TX skip we have recovered this week.

Our skip decided to move in with her father in Gregg, TX. They went to Mexico for a while, (the real mexico) and finally went back to Gregg, TX a couple of weeks ago. So we have the mother as the co-signer here in Alabama. The mother knows she’s up for a few grand, but still loves her daughter. Knowing we can’t get all of the money for the judge when he wants it out of her is the problem. So we asked the mother what bill she is most desperate to pay and she says her power is about to be cut off. That’s fine ms. Co-signer, you get your daughter here and when we handcuff her, we will pay your power bill for you and you can pay us what you owe us $10 a week. Fine she said.

It gets better…

The mother brings us copies of the bus ticket her daughter will be coming home on. Something about a relative getting cancer or something? (twisted family, anyways) So we give this info to our warrants officer in Calhoun County, she faxes the info and warrants to Gregg, TX and LEO picks her up at the bus station in TX. Guess I’m happy, the mom is happy, the judge is happy and the daughter, well, she get’s to make new friends for a while.
May not be "THE" legal way to do it, but it was our legal way to do it this time. So I guess the moral to the story here is exactly what Kathy recently said in another thread, “keep tight paper”. Tight paper gives you leverage over your person out on bond.

No, we did not have to pay the power bill...
Author:  Kathy [ Wed 11 Feb 2009 23:21 ]
Post subject:  Re: ok and tx
The Texas law doesn't say that it has to be a Texas PI that makes the apprehension unless it is a Texas bond/warrant. LE and Judges have allowed us to remove undesirables from the state as long as we showed an active warrant, felony or misdemeanor, and could prove that we had the authority to make the apprehension and/or transport them based on our home state's laws.

As was stated by Scott M. in another thread, I also print out and carry the statutes from other states as regarding out of state BE anytime I travel. I will say that I prefer to use an in-state person if I know and trust a person there, or will find someone to if it is specifically required. Research the statutes for yourself, and/or contact the state agency that controls your work. Get their interpretation of the statutes in writing! That will provide you with your best defense if anyone questions your actions.
Author:  bubba [ Thu 12 Feb 2009 04:22 ]
Post subject:  Re: ok and tx
Unless I am seeing things wrong you can NOT take a skip out of Texas unless you meet the TX state DPS licensing rules.

Sec. 1702.3863. UNAUTHORIZED CONTRACT WITH BAIL BOND SURETY; OFFENSE.

(a) A person commits an offense if the person contracts with or is employed by a bail bond
surety as defined by Chapter 1704 to secure the appearance of a person who has violated Section 38.10,
Penal Code, unless the person is:

1. a peace officer;
2. an individual licensed as a private investigator or the manager or a licensed
investigations company; or
3. a commissioned security officer employed by a licensed guard company.

(b) An offense under Subsection (a) is a state jail felony.



Sec. 1702.3867. EXECUTION OF CAPIAS OR ARREST WARRANT; OFFENSE.

(a) A private investigator executing a capias or an arrest warrant on behalf of a bail bond surety may not:

1. enter a residence without the consent of the occupants;
2. execute the capias or warrant without written authorization from the surety;
3. wear, carry, or display any uniform, badge, shield, or other insignia or emblem that
implies that the private investigator is an employee, officer, or agent of the federal government, the state, or
a political subdivision of the state; or
4. notwithstanding Section 9.51, Penal Code, use deadly force.

(b) Notwithstanding Subsection (a) (3), a private investigator may display identification that
indicates that the person is acting on behalf of a bail bond surety.

(c) A private investigator executing a capias or an arrest warrant on behalf of a bail bond surety
shall immediately take the person arrested to:

1. if the arrest is made in the county in which the capias or warrant was issued:
1. the county jail for that county if:
1. the offense is a Class A or Class B misdemeanor or a felony; or
2. the offense is a Class C misdemeanor and the capias or warrant was
issued by a magistrate of that county; or
2. the municipal jail for the appropriate municipality if the offense is a Class C
misdemeanor and the capias or warrant was issued by a magistrate of the municipality; or
2. if the arrest is made in a county other than the county in which the capias or warrant
was issued, the county jail for the county in which the arrest is made.

(d) A person commits an offense if the person violates this section. An offense under this section
is a state jail felony.

424.09 UNIFORM REQUIREMENTS

This portion is a limited display of this rule;

...D. No license shall display a badge, shoulder patch, logo or any other identification which contains
the words “Law Enforcement” and/or similar word (s) including, but not limited to: agent,
enforcement agent, detective, task force, fugitive recovery agent or any other combination of
names which gives the impression that the bearer is in any way connected with the Federal
government, State government or any political subdivision of a State government.

Sec. 1702.365. ABDUCTION OF CHILD.

The commission shall revoke a person's license, registration, or security officer commission or deny a person's application for, or renewal of, a license, registration, or security officer commission on proof that the person or an agent of the person has, after the date of application for a license, registration, or security officer commission, abducted or attempted to abduct by force or the threat of force or by misrepresentation, stealth, or unlawful entry a child who at the time of the abduction or attempt is under the care and control of a person who:

1. has custody or physical possession of the child under a court order; or
2. is exercising the care and control with the consent of a person who has custody or physical possession of the child under a court order.

Sec. 1702.388. VIOLATION OF CHAPTER; OFFENSE.
(a) A person commits an offense if the person violates a provision of this chapter for which a specific criminal penalty is not prescribed.

(b) An offense under this section is a Class A misdemeanor, except that the offense is a felony of the third degree if the person has previously been convicted under this chapter of failing to hold a license, registration, certificate, or commission that the person is required to hold under this chapter.
Author:  bubba [ Thu 12 Feb 2009 04:36 ]
Post subject:  Re: ok and tx
Eagle wrote:
OK ok-hunter, Andy is pretty much on target with his post. I only jumped in on this post because of our TX skip we have recovered this week.

Our skip decided to move in with her father in Gregg, TX. They went to Mexico for a while, (the real mexico) and finally went back to Gregg, TX a couple of weeks ago. So we have the mother as the co-signer here in Alabama. The mother knows she’s up for a few grand, but still loves her daughter. Knowing we can’t get all of the money for the judge when he wants it out of her is the problem. So we asked the mother what bill she is most desperate to pay and she says her power is about to be cut off. That’s fine ms. Co-signer, you get your daughter here and when we handcuff her, we will pay your power bill for you and you can pay us what you owe us $10 a week. Fine she said.

It gets better…

The mother brings us copies of the bus ticket her daughter will be coming home on. Something about a relative getting cancer or something? (twisted family, anyways) So we give this info to our warrants officer in Calhoun County, she faxes the info and warrants to Gregg, TX and LEO picks her up at the bus station in TX. Guess I’m happy, the mom is happy, the judge is happy and the daughter, well, she get’s to make new friends for a while.
May not be "THE" legal way to do it, but it was our legal way to do it this time. So I guess the moral to the story here is exactly what Kathy recently said in another thread, “keep tight paper”. Tight paper gives you leverage over your person out on bond.

No, we did not have to pay the power bill...


Jay, was this an NCIC warrant. If not I am very interested in what the LEO did with said subject.

I know for a fact The Republic of Texas is cracking down on those who try to " get to creative " and bypass their laws. I have a bondsman associate from Oklahoma that brought her skip home that now is wishing she never came here. I also have another PI / PPO that has been working here for many years that has a summary suspension of all DPS licenses pending the trial out come. This stems from him transporting a non-NCIC skip to MO and getting pulled over for speeding outside Dallas.

I will not bore you with how Texas views it's sovereignty but in the short time I have worked here it IS it's own country.
http://www.texasrepublic.info/

Be safe and keep it liability free!
Author:  AndyL [ Thu 12 Feb 2009 06:57 ]
Post subject:  Re: ok and tx
Good job Jay. However, that warrant about had to be in NCIC, wasnt it? That would make it extraditable, not? If it wasnt, then Alabama law is very different from MO law AND, there are some Texas cops that broke the law, at least, again, under MO law. If the warrant wasnt extraditable, they couldnt arrest and hold him.

Thats not what Im talking about. If my skips warrant is in NCIC and extraditable, its not problem. I got several options. Pull a scam like Jay did. Get LE to pick them up either by me talking to them directly or having a local LEO here do it. Hire Scott to go pick them up and stick them in jail for me. Go down there myself and locate the skip, call LE and have him arrested.

However, if its NOT in NCIC and extraditable, your screwed to LEGALLY do it. I have done "snatch and runs" from Illinois in the past. Ive gone to states and smoozed local LE into letting me do it against state law. Im not saying it cant be done. However, Im kinda scared of TX. For example, GA law has a loophole, no matter what Sno says. It specifically talks about bounty hunters and doesnt mention a out of state bondsman picking up his own skip. I have picked up there without problems and with the consent of the county sheriffs. At least I have a defense. If I did the same thing in TX and my skip found out later I did it illegally, he could hire an attorney that could sue me in civil court and have me arrested in criminal court for kidnapping. And I wouldnt have any defense, sans Taylor v Taintor. And I dont have the 55 gal drum of $100 bills to try that case.

Anyhow, yall do what you want. But the bonds we have that are not in NCIC and not extraditable are usually $1500 or less. Some up to 5k, but most smaller. Losing my business, catching a felony record and losing several thousand dollars in attorney and court fees is in no way worth taking that chance.
Author:  Eagle [ Thu 12 Feb 2009 07:14 ]
Post subject:  Re: ok and tx
Yes Andy, it was a felony warrant in NCIC. LEO picked her up and our sheriffs dept. is heading over there as we speak (type) to bring her back.
Page 1 of 2 All times are UTC - 8 hours [ DST ]
Powered by phpBB © 2000, 2002, 2005, 2007 phpBB Group
http://www.phpbb.com/