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 Post subject: Clifton Collins v. Commonwealth Of Virginia
 Post Posted: Tue 24 Jan 2012 06:25 
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I would like to suggest that any Bondsmen or Bail Enforcement Agent not licensed in Virginia and contemplating going into Virginia to arrest a skip read a decision of the Virginia Supreme Court that was handed down on January 13, 2012 in the matter of Clifton L. Collins v. Commonwealth Of Virginia Record No. 110067 before undertaking the matter.

Mr. Collins was a bondsmen from North Carolina that attempted to skirt Virginia bail laws and ended up with jail time for two felony convictions. IMHO this is a must read as it may have an affect on operations in other states.

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 Post subject: Re: Clifton Collins v. Commonwealth Of Virginia
 Post Posted: Tue 24 Jan 2012 08:11 
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Great read and pretty much settles the question for me. No more going into VA. Another reason to get NABBI up and running as soon as possible. No more time to wait. Hope to see everyone in March in St. Louis.

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 Post subject: Re: Clifton Collins v. Commonwealth Of Virginia
 Post Posted: Tue 24 Jan 2012 08:47 
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Gene,
We try to tell them...


Scott

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 Post subject: Re: Clifton Collins v. Commonwealth Of Virginia
 Post Posted: Tue 24 Jan 2012 13:02 
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Collins is a Surety Bondsman as well a Property Bondsman. Been in business since 1997. Appointed by several Insurance Companies. Damn Shame.

More states than Virginia to worry about.

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 Post subject: Re: Clifton Collins v. Commonwealth Of Virginia
 Post Posted: Tue 24 Jan 2012 14:21 
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Thanks for posting that. New case law can't spread fast enough in this industry.

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 Post subject: Re: Clifton Collins v. Commonwealth Of Virginia
 Post Posted: Thu 26 Jan 2012 19:32 
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Great advice Gene, but probably 80% of BEA's will not be smart enough to follow the rules. For that matter, some bondsman won't either. If I was paid just a single dollar for every email or call asking if I would pick someone up in DC I could have retired! That doesn't mean they don't find someone....

I really just wish DCJS and LEOS would be on the look out for this more!

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 Post subject: Re: Clifton Collins v. Commonwealth Of Virginia
 Post Posted: Thu 26 Jan 2012 19:43 
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Well in CA we have this little penal section 847 that has been on the books for years.

In a nutshell, anyone coming into CA would have to get an ok from local judge BEFORE even attempting to pick up a skip from out of state.

Most agents don't bother.


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 Post subject: Re: Clifton Collins v. Commonwealth Of Virginia
 Post Posted: Thu 26 Jan 2012 19:49 
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What is your issue with affecting legal apprehensions in Washington, DC?
I have done it for years, have had meetings with the warrant squads as they have evolved and was proactive in establishing the procedures for doing so after dispelling rumors about codified law and city statutes.

Scott

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 Post subject: Re: Clifton Collins v. Commonwealth Of Virginia
 Post Posted: Thu 26 Jan 2012 19:59 
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Mecklenburg is one of my main counties of operations... also, here is a .pdf file of the court proceedings if you are so inclined to read it.

Attachment:
File comment: Clifton L. Collins v. Commonwealth Of Virginia Record No. 110067
Collins-vs-CommonwealthofVirginia1-13-2012.pdf [37.08 KiB]
Downloaded 750 times


Actually, it was a rather confusing case and also, IMHO.... the bondsman certainly made some very serious mistakes...


Short comment about Virginia recovery...

Steve F., from Ohio, his son and myself did an apprehension and an extradition that took place inside a court room, surrounded by court law enforcement officers and a magistrate after a major melee took place involving two other bail recovery agents, who apparently were not licensed properly and made a total mess out of the action.... and frankly, because of our having all our ducks in a row and following procedure... and the fact that Steve kept a cool head and both of us were very positive in our actions...

Even though the other BEA people totally screwed up the scenario.... (We were very lucky that LE and the magistrate involved were able to determine that Steve and I were not associated with the two idiot BEA guys...)Steve and I were able to take custody of the defendant; a fugitive from Ohio, and Steve was able to remove him from the courthouse and transport him out of Virginia legally and back to Ohio... Steve is an extremely qualified bondsman and recovery agent and I would assist him anytime.

I related this to simply provide a bit of info that legal recovery in Virginia can be done, you need to be accompanied by a licensed Virginia bondsman or BEA.... and you need to have your paperwork in order and act with a little bit of sense... be, look and act as a professional and you will be treated as one....


There is a thread on this story somewhere on FRN... not sure of the date but it was a few years ago.

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 Post subject: Re: Clifton Collins v. Commonwealth Of Virginia
 Post Posted: Sat 28 Jan 2012 21:46 
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Catching up on reading here. Gene, Thank you very much for updating this matter. This as well has been a part of my last two
CE Classes. We have been awaiting the Courts Decision.

This would be a current decision on Taylor V Taintor . . . next ?

I find it odd, tho, that your State would not allow for the writer of the Bond to re-arrest.

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