Bail Revocation issue - weird but true story!

A few months ago the BEA's that do some work for me had an odd case, and this is a prime example of why it pays to have a copy of the papers the defendant signed when they are bailed out.

This defendant was not the brightest bulb in the candle and in fact he was re arrested 3 days after being bailed out of jail. He spent 60 days in jail, and never told the bondsman he was out. When the bondsman found out he called the def. who pretty much blew him off.

The Bondsman did a visit to his home, it was vacant and he called the defendant and asked to meet with him and the defendant refused to meet with him.

After checking the mans criminal history, they realized this dude was looking at prison again and he was already a 3 time loser.

Three BEA's located the man (a violent offender, history of hitting women and kids) and arrested him as he was smoking a cigarette and hitting on some lady. They surrounded him with 3 cans of mace and the man nearly wet himself and was almost in tears.

He was taken to jail, a new guard processed him and had no idea how to handled a revocation but it was finally resolved. The man was sentenced the next day.

One month later the police contacted the bond agent and the BEA's. The Def. Was filing kidnapping / false imprisonment charges against them. According to the defendant - the BEA's showed up at his door step with Tazers and beat him up and dragged him out the door to jail, and the jail didn't want to hold him.

Here is where the paperwork came in to play... The bond agent gave a signed copy of the paperwork to the police and pointed out the clauses that he had violated; especially the clause that said :

''It is understood and agreed that the happening of any one of the following events shall constitute a breach of Defendant’s obligations to Surety, and Surety shall have the right to forthwith apprehend, transport and surrender Defendant, and Defendant shall have no right to any refund of premium whatsoever. ''

The bond agent pointed out each and every violation of the defendant and which clause he violated. The bond agent let the police know that they could have revoked it at one violation, but had given the man a break.

It seems that the police officer laughed and said that the defendant didn't have a leg to stand on, especially since he signed an agreement allowing them to arrest him.

Funny side note: One of the BEA's at the time of the arrest took the woman the def. was flirting with aside and suggested she run a background check on him since he was a convicted woman beater.

The bottom line is that the BEA's were happy to have proper paperwork, it kept them out of court.

_________________
Ron Hartley
(Retired)

_________________________________________________________
To avoid confusion and misunderstanding:
I am fairly new in the bail bonds part of the legal system. I've been in the legal profession 25 years - Paralegal and Legal investigator.

I am not a BEA - just a Bondsman trying to improve and become a better bondsman.
_________________________________________________________

Another point: the BEA in charge of the scene told the police that in fact, each of the agents present that day had a Conceal Carry Permit, but chose to bring pepper spray rather than come armed. The Police officer made note of that in his report.

_________________
Ron Hartley
(Retired)

_________________________________________________________
To avoid confusion and misunderstanding:
I am fairly new in the bail bonds part of the legal system. I've been in the legal profession 25 years - Paralegal and Legal investigator.

I am not a BEA - just a Bondsman trying to improve and become a better bondsman.
_________________________________________________________

I had a similar issue like that except, we arrested an individual, he resisted and he ran we tackled and cuffed him. Then we hauled him to jail...There he tried to press charges for kid-napping and assault. The only thing that saved us was the certified copy of the warrant. Tell you what, Crap happens especially in big cities. In fact in Tulsa, OK prime place for story telling fugitives. Was going to apprehend a subject we had been looking for him for months. When we apprehended him he told the police we were stalking him and we had no rite to arrest him but thanks to the certified copy of the warrant we were in the clear.

_________________
T Copple
S J Recovery
Minneapolis,KS
785-407-0195


A wise man is superior to any insults which can be put upon him, and the best reply to unseemly behavior is patience and moderation.

I know this kind of thing happens but I have never had a single recovery come back at me for any reason whatsoever... the best advice that can be given here is to simply have the proper paperwork. In Virginia, I can revoke a bond for any reason that I feel is proper... I do not make it a habit of revoking bonds for trivial matters but I will not hesitate if the situation warrants it.

Often time the indemnitor on a bond wants off the bond or wants to revoke a bond, especially if it is a relationship as boyfriend/girlfriend or even other family members... I have had mothers and fathers wanting to come off their sons bond... and I tell them that if there is an issue with the defendant breaking his conditions I can do it but short of that happening... I am very reluctant to revoke a bond just because someone is upset with another and in those cases... I charge $250 minimum for the revocation and more if I have to physically go get the person, if it is at the request of the indemnitor...

As for getting hit with a "kidnapping charge" or some other "trumped" up charge... it has never even been mentioned to me and I am not the least bit concerned about it happening... of course I must say that my actions in recovery would give a new meaning to the term... low impact, low key... half the time I don't even put cuffs on them... and I can number the physical confrontations I have had in 12 years.... on one hand... and those were pretty much.... 3 to 5 seconds each.... so I can't relate much to this thread cause it just doesn't happen in "my world".

One other note on this subject... I believe that if you are fully aware of your bond and the conditions of the defendant and the indemnitor and their relationship and if you are at all good at "reading people" you can prepare for the recovery if it comes to pass and in that manner you can sidestep most if not all problems... that is my advice... be like the little boy scout.... and "Be Prepared"...

... and yet one more line............. if you go into a recovery looking like a "swat team".... abrasive, loud, adrenalin flowing freely... yelling and acting like a bunch of "cowboys" you will very likely invoke the same response from your subject.... you go in low key and easy going and 99% of the time you never have to raise your voice... and that is a fact, Jack. There may be times when you need that look but I have never seen it... I am not a US Marshall and I ain't chasin Jesse James or Billy the Kid.. and most of you aren't either.... although many of you would like to think you are.................

_________________
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"

A predictable presentation illicits a prescribed response.

Scott

_________________
R.E. "Scott" MacLean III

"Leaders are like Eagles, you never see them in a flock, but one at a time"

Chesapeake Group Investigations, Inc.
Chesapeake Bail Bonds
877-574-0500
301-392-1100 (fax)
301-392-1900 (Office)

Hi I just wanted to shed some light on my last post....In Muskogee, OK confrontation is a big problem. Weather we went in low or not. In a place like that with drugs being a big problem. Most of the time they were looking for a fight. None of them were going back to jail with out a fight. I don't like confrontation, but unfortunately it happens. I always act professional, even when I absolutely don't want to. I am 33 yrs old we don't run around like cowboys in the west, or with a chip on my shoulder. Acting that way can have bad consequences. As far as cuffs go, I use the when needed more less for safety reasons..I don't like to use them but sometimes you really should. I have a wife and 4 kids I wont take the chance of something happening. A person never knows a complete stranger.

I always had the proper paper work but, I have delt with some shady skips. The ones who will do anything to get the other person in trouble.

I was doing my job. As far as having to be rough with them, well sometimes I have had no choice especially when weapons were involved.

No punt intended just making it clear I don't run around acting like the "cowboy" of the west.

I really hope I didn't offend anyone I don't want to make anyone mad.
Taking my job serious keeps me safe that all.

_________________
T Copple
S J Recovery
Minneapolis,KS
785-407-0195


A wise man is superior to any insults which can be put upon him, and the best reply to unseemly behavior is patience and moderation.

These three BEA's went into to scene with just a can of mace each - they were not tac'd out nor were they yelling and screaming. One guy said that they walked right up to him, called his name and when he turned to talk they each pointed the can at him and let him know he was under arrest.

The guy was all prepped to run, they got him just 16 hours before his sentencing hearing.

(the only reason they pointed mace at him was his past history - three felony assaults and 3 misd. Assaults. He was a violent guy)

The thing the helped them was having the paperwork; that and the fact that they notified the police just before picking him up and had that on record.

_________________
Ron Hartley
(Retired)

_________________________________________________________
To avoid confusion and misunderstanding:
I am fairly new in the bail bonds part of the legal system. I've been in the legal profession 25 years - Paralegal and Legal investigator.

I am not a BEA - just a Bondsman trying to improve and become a better bondsman.
_________________________________________________________

Thank you for writing this for me, Bill I just changed the # of years . . . I love having a big brother to do my stuff.

Ron, A, BBA can come into Arkansas and get their skips as long as they check in with the Proper Authorities and have a certified copy of your Bond. Having a copy of the warrant will not do, you are not LE. You will have to be able to prove that you have a right to the partys' body.
Every State is different and, yet, some are the same and then, there are some, that are just, not.


As to going into rough places, when I first started (2000) I had to go after a guy and I had a Bondsman from another company go with me because he knew the area and the people. I met him we got into my pickup and he directed me to where we needed to go . . . when we got there he told me to "roll on up like you own the place" I did we got out and walked straight on up to the door . . .

They know when they see me it is over and they need to just get in the car
"So sorry you had to come get me Miss LuVonda"

_________________


Do not consider anything for your interest which makes you break your word, quit your modesty, or inclines you to any practice which will not bear the light, or look the world in the face .... Marcus Antonius

I AM Some Folks "KARMA" and A MODERATOR @ FRN

In the scenario Ron was talking about, here in MN, there would not be a warrant for the case the individual is bonded out on.

Here in MN, a Surety Agency is required to apprehend any individual they have reason to believe intends to FTA, or is in some other way violating the conditions of their release.

I know of one bondsman who, with certain defendants, would wait until the early morning hours of their trial and pick them up and hold them at his office; then bring them to court.

I have mostly seen revo's dropped off at the county jail, then held until they can make bail again or are released by a judge, more than brought before a judge by the agent.

MN STAT 629.63; SURETY ARREST OF DEFENDANT.

If a surety believes that a defendant for whom the surety is acting as bonding agent (1) is about to flee, (2) will not appear as required by the defendant's recognizance, or (3) will otherwise not perform the conditions of the recognizance, the surety may arrest or have another person or the sheriff arrest the defendant.
If the surety or another person at the surety's direction arrests the defendant, the surety or the other person shall take the defendant before the judge before whom the defendant was required to appear and surrender the defendant to that judge.

_________________
(Freelance) Recovery Agent, MN.

You missed this Marc . . . I was letting him how it works here As for getting our own here. Do not have to wait for a warrant . . . just have to have cause.

_________________


Do not consider anything for your interest which makes you break your word, quit your modesty, or inclines you to any practice which will not bear the light, or look the world in the face .... Marcus Antonius

I AM Some Folks "KARMA" and A MODERATOR @ FRN