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| Bail and Illegal Immigrants http://fugitiverecovery.com/forum/viewtopic.php?f=26&t=14302 |
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| Author: | SURETYRISKMANAGEMENT [ Mon 21 Jan 2013 17:16 ] |
| Post subject: | Bail and Illegal Immigrants |
http://www.baltimoresun.com/news/opinio ... bject_map={%224825843057098%22%3A127957947372079}&action_type_map={%224825843057098%22%3A%22og.recommends%22}&action_ref_map=[] |
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| Author: | Mdbtyhtr [ Mon 21 Jan 2013 20:32 ] |
| Post subject: | Re: Bail and Illegal Immigrants |
My response posted on line: The issue has several facets: First off, the bondsman does not know that an ICE detainer has been filed, and the correctional facility will not divulge this information consistently. Second, the bondsman writes an insurance power, and the insurance company wants their fee, period. Were the bondsman be made to return this fee, they would be at a financial loss for the undertaking of the bond, and this would have a negative effect on the bail process for illegals. I would suggest that the court system refuse to accept bail bonds on defendants with detainers. If the bondsman is presented with, and signs a disclosure form that he is aware of the detainer and posts the bond anyway, he does so at his own peril. As bondsman, we are often at the mercy of the court and jurisdictional statutes hindering the recovery of absconders. We don't want a technical excuse to side step our responsibility to the court system, what we do want is cooperation in effecting the apprehension legally so that we may uphold our solemn obligation to the courts. The court sends mixed messages when an absconder is returned from out of state, as the work product of the bondsman, and is released on their own recognizance, only to run again with no responsible party. R.E. "Scott" MacLean III Chesapeake Bail Bonds www.BailMD.com |
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| Author: | speezack [ Mon 28 Jan 2013 08:14 ] |
| Post subject: | Re: Bail and Illegal Immigrants |
My solution... works every time... I bond anyone... any amount, any charge (although sometimes I might refuse a child molestation or related JDR cases if it looks the least bit shady)... legal or illegal, makes no difference to me.... ... however and here is the bottom line.... if I have the least bit of question in my mind... if the indemnitors on the bond are not rock solid, financially, work history, assets... etc.... or if I know or have a question that the defendant is not legal or has a 'history' that raises any questions at all.... I get full collateral plus my fee... and in writing I tell everyone involved... if the defendant makes all court dates and the case gets finalized... you get the collateral back.... even if he/she misses a date and still comes back later and finalizes the case... I will return a portion of the collateral (removing whatever costs I have incurred). You may ask.... why the family or indemnitor does not just pay the magistrate the bond in cash themselves and save the bond fee.... I actually tell the people they can do that... and many still want me involved because they frankly, do not trust the system and they want someone they perceive as trustworthy between them and the courts... and this is important.... and the reason I always try to be very honest and straight up with those I deal with... they can tell where you are coming from and this is extremely important in this business... people for the most part are quite savy when it comes to reading you.... You would be surprised at how many cases I have written that post full collateral.... and never return.... I could care less.... I tell them up front... that the collateral will pay the forfeiture on the bond, which will eliminate me from looking for him... but the charge will remain, basically forever... I wrote an illegal that had a detainer on him several months ago... full collateral plus my fee... the family knew up front that he would not be released until the detainer was worked out but they wanted the bond written so that when it was removed, he would walk... it worked out, he walked and he made his court dates and the case finalized and he got his money back.... I often lose these cases to bondsmen that will take less than full collateral but that is fine... those guys will not be in business long.... they may pull a few from me but after losing a few, they will disappear.... I see them fade from sight often.... I don't write a lot like this but I will do it as long as I am covered... that is all this is about.... I may mention that I do not write Federal bonds however... for a variety of very good reasons... but that is another story. ... added later.... one other thought... as to returning a bond fee.... I never, never... return a fee, for any reason... if I write the paper and it goes through the window to the magistrate... that is it... I have faced this in court and had the indemnitors and defendant for whatever reason ask for it back but once written.... that's the end. period. ... also, related to Scott M and his post... I think Scott will agree that Maryland is not a bondsman friendly state.... from what I see and hear... I would not like to work that state.... my opinion. |
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