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| Importnat PA Rulling http://fugitiverecovery.com/forum/viewtopic.php?f=26&t=15771 |
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| Author: | tsuggs [ Tue 26 Aug 2014 09:40 ] |
| Post subject: | Importnat PA Rulling |
http://lancasteronline.com/news/local/j ... f6878.html |
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| Author: | PaulG87 [ Tue 26 Aug 2014 12:56 ] |
| Post subject: | Re: Importnat PA Rulling |
Interesting story. As someone who is new to the business (im not a bail bondsmen im only doing Bail Enforcement) im interested to hear from both sides. Will this make bondsmen not want to take as many cases especially big ones like that? Will this create more work for Bail Enforcement because a bondsmen doesn't want the same fate? |
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| Author: | DSI [ Wed 27 Aug 2014 14:19 ] |
| Post subject: | Re: Importnat PA Rulling |
Interesting ruling by the court, the bandit was picked up fifteen days after the failure to appear by law enforcement. My question is when was the bail forfeiture notice issued, and should he (Bondsman) been allowed reasonable time to apprehend the bandit. This story reeks of a political agenda and I believe this ruling will be overturned by a upper level court. |
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| Author: | tsuggs [ Wed 27 Aug 2014 14:58 ] |
| Post subject: | Re: Importnat PA Rulling |
In California, the court has 30 days to send out the forfeiture notice. Most bail agents don't even check up on the defendant until they get that notice. We call the court the next day to verify next court or if the case is over. If we are told there's a FTA, we jump on it right away. I have not heard of a similar ruling by a CA court. However, I have read many cases on appeal, that the court ruled that it did not believe the bail agent would be able to capture the defendant. So it entered a final judgment on the forfeiture. |
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| Author: | Mdbtyhtr [ Thu 28 Aug 2014 06:16 ] |
| Post subject: | Re: Importnat PA Rulling |
I concur with Tony. My cases are on a Google spreadsheet and I check them daily. This allows me to notify defendants of court dates, document such as proof of due diligence, and to know immediately if they FTA. That 2 week head start has proven to be exponentially more successful in incidfent free defendant recovery. To Gene's point, I concur that this will be overturned. It would be interesting to know if the defendant was already being investigated for other issues. I have been asked by local law enforcement to stand down because they are conducting an investigation on a defendant that FTA's and I have done so. The precedence that this case sets in PA, should it be upheld after Appelate Court scrutiny, would require instant reporting and documentation. For those that have been in the business for years, where does it ever indicate that the bondsman or his/her agent did the recovery? We present fugitives for warrant service by law enforcement, and they get the credit. I am aware that the Capias system in VA requires a signature, but that could be done when the bondsman learns that the defendant is incarcerated in the same or another jurisdiction and has the jailer sign the Capias that he/she obtained, which would not be incident to the bondsman's effort to re-arrest. There is appellate case law in MD that states that the court or law enforcement is not required to assist the bondsman in any way, to include raising the level of extradition. The opinion of the court is that a performance/appearance bond was breached when the defendant failed to appear, and the court is owed the money or the body within a given time period. Absent that, pay the bond. All issues that keep the bondsman from presenting the money or the body are moot. Scott |
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| Author: | Mdbtyhtr [ Thu 28 Aug 2014 06:16 ] |
| Post subject: | Re: Importnat PA Rulling |
I concur with Tony. My cases are on a Google spreadsheet and I check them daily. This allows me to notify defendants of court dates, document such as proof of due diligence, and to know immediately if they FTA. That 2 week head start has proven to be exponentially more successful in incidfent free defendant recovery. To Gene's point, I concur that this will be overturned. It would be interesting to know if the defendant was already being investigated for other issues. I have been asked by local law enforcement to stand down because they are conducting an investigation on a defendant that FTA's and I have done so. The precedence that this case sets in PA, should it be upheld after Appelate Court scrutiny, would require instant reporting and documentation. For those that have been in the business for years, where does it ever indicate that the bondsman or his/her agent did the recovery? We present fugitives for warrant service by law enforcement, and they get the credit. I am aware that the Capias system in VA requires a signature, but that could be done when the bondsman learns that the defendant is incarcerated in the same or another jurisdiction and has the jailer sign the Capias that he/she obtained, which would not be incident to the bondsman's effort to re-arrest. There is appellate case law in MD that states that the court or law enforcement is not required to assist the bondsman in any way, to include raising the level of extradition. The opinion of the court is that a performance/appearance bond was breached when the defendant failed to appear, and the court is owed the money or the body within a given time period. Absent that, pay the bond. All issues that keep the bondsman from presenting the money or the body are moot. Scott |
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| Author: | speezack [ Fri 29 Aug 2014 19:02 ] |
| Post subject: | Re: Importnat PA Rulling |
VA is 45 days after FTA... I usually get a show cause within 72 hours after FTA... I am on the case right then... but in the event I do not get a show cause within the 45 days... I am off the bond automatically... this has happened numerous times when the clerks fail to do their job... I don't get many FTA's but when I do, I go after them right then... we also have 150 days to pay after the forfeiture is issued and if paid, we have 2 years to return the defendant and we get our money back... many states require the money on the day the forfeiture is issued... I think Md. is that way.... Scott?? Judges that I deal with, will generally give me 30 to 60 days to hunt until they issue the forfeiture and even then I have an additional 150 days after the issuance. Often time an active warrant is in the system and the defendant gets picked up before I can find him.... in those cases.... no big deal... I just go to the jail and get my bail piece (surety capias) signed and go home. Keep this in mind newbies... DO NOT WAIT UNTIL THE LAST MINUTE BEFORE YOU EMPLOYEE A RECOVERY AGENT.... if you choose to hire someone...make sure they are licensed, solid, experienced and give them the case with time to work it.... and then, leave them alone to do their job... and one other thing... do not hire more than one agency at a time... if you believe the one you hired is not doing the job... talk to him and if you so decide to replace him... cut him loose and then get another one but do not play one against another.... that is a very bad thing for all concerned and will ruin your reputation in this business.... And recovery agents... before you take a job with a bondsman... check him out because his reputation with other recovery agents can save you time and money. Ask around but be fair in your evaluation... and never take one persons word on anything... get multiple opinions from reputable businesses... and that's my opinion?! |
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| Author: | Mdbtyhtr [ Fri 29 Aug 2014 19:27 ] |
| Post subject: | Re: Importnat PA Rulling |
Bill, In MD, when a bond is forfeited, we do not receive a show cause, the clock starts. We have 90 days to find and surrender the subject or pay the bond. We can motion for an additional 90 days but is is a may, not shall, and there is no guarantees. To appeal a forfeiture requires a 100% cash bond in the amount of the forfeiture. This is a direct result of sureties tying up the courts with appellate motions to buy time and stall absolute forfeiture. Also, if you pay the bond within the time frame, you have the ability to be refunded. If not, the money is gone. Scott |
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| Author: | ChuckJ [ Fri 05 Sep 2014 21:27 ] |
| Post subject: | Re: Importnat PA Rulling |
In PA the surety has to apply for a BAIL PIECE during motions court which is usually one day a week. Once the motion is granted a Bail Piece is issued the surety to arrest the defendant or the surety can endorse the bail piece over to an agent to make the arrest on his behalf. When you lodge the skip into the county jail they will time stamp a copy of the bail piece and that is your verification. In PA each county does things there own way, Ive seen skips that are years old and no forfeiture and Ive seen bonds forfeited after 6 months. |
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| Author: | ncbondsman13 [ Sun 07 Sep 2014 07:04 ] |
| Post subject: | Re: Importnat PA Rulling |
In this case I don't think I can defend the bondsman..though I feel slightly bad that he is out $110k..not really..lol. If this is your business and you are too freaking lazy to do your job then you deserve what you get. Sorry Charlie! tsuggs wrote: http://lancasteronline.com/news/local/judge-bondsman-on-the-hook-for-k-after-felon-goes/article_bcbd048a-2bcc-11e4-ae14-001a4bcf6878.html" onclick="window.open(this.href);return false;" rel="nofollow
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