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| oregon recovery http://fugitiverecovery.com/forum/viewtopic.php?f=13&t=9718 |
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| Author: | quickbail [ Tue 10 Mar 2009 20:04 ] |
| Post subject: | oregon recovery |
I have a fugitive that is currently in Oregon. I know it is a "No hunt" state. How can we make an arrest or a 1305g? |
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| Author: | kittygrl [ Tue 10 Mar 2009 21:04 ] |
| Post subject: | Re: oregon recovery |
The Oregon Supreme court abolished the broad common law rights of bounty hunters and bond agents, and applied the Uniform Criminal Extradition Act to bounty hunters seeking to take defendants over state lines. |
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| Author: | Kathy [ Tue 10 Mar 2009 22:55 ] |
| Post subject: | Re: oregon recovery |
Pretty much all you can do is to get your state to order extradition or refuse it on the warrant. The defendant can still fight it, but there will be an extradition hearing. Most of the hearings win on the side of the extraditing state, so the person is extradited. If the state then refuses to extradite, or if your state refuses to pay extradition when the bondsman is usually held liable for the cost, you should have a viable option in your state to win a motion for exoneration due to legal inability to enforce the bond. I have only had extradition costs be an issue two times. One was for another bondsman, and the other for one of my bonds. In both cases, I got permission from my local sheriff to do the actual transports, so the county wasn't liable for the cost. Our work depends on many things. We can be hired by a bondsman to locate and apprehend a person, but may run into issues when dealing with various state laws. When I was dealing with the other bondsman, the other state held the defendant for an extradition hearing. Once he was extraditable from that, it was up to the local sheriff to determine who provided the extradition and who paid for it. In the case where it was my bond, the person got arrested because of LE contact that I had made, but I still had to prove myself with the jail to get custody of him. It was a combination of my right to arrest, being the agent on the bond, along with being the approved transport agent that saved me. Know your local laws, what rights you have, and the costs/rights/expected costs of who you work for. just because a person doesn't charge what they can and should isn't your problem. |
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| Author: | tsuggs [ Wed 11 Mar 2009 15:06 ] |
| Post subject: | Re: oregon recovery |
Has the DA indicated that they will extradite or not? Under 1305(g), you must still locate, identify by photograph and fingerprints and have an affidavit from a local law enforcement officer that the defendant is the person wanted in the warrant. First get the DA to indicate whether or not they will extradite. If they say no get it in writing. Then contact the defendant and explain that the state will not extradite and if he would cooperate and get the paperwork done for the 1305g. Be sure to tell him that the warrant is still out there and will be until he finally is back in court or custody. If the DA will extradite, contact local LE and inform them of his location and hope that they will pick him up. IF he is wanted for serious felonies, they may want to get him out of their jurisdiction. They don;t need anymore crime, especially from "outsider." Once he is in custody on the CA warrant, you can file under 1305(c)(3) to get the bond exonerated. Let the state return him to CA. |
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