Clifton Collins v. Commonwealth Of Virginia

I think that clarifies the entire problem. Recovery in Virginia can be done without incident if done the right way. Like anything else, know the laws in the state your in and abide by them. period.

_________________
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"

@ Scott, I doubled checked my notes from when I took my class and my paperwork from class states a DCJS licensed bail enforcement agent is not allowed to operate in: DC being # 1. My horrible handwriting says bondsman can take into custody, but not bail agents and until I see it in writing, I won't pick up a skip in DC.

If my paperwork is wrong, please correct it and I will also take it up with my former instructor Joseph. Perhaps you or Gene can assist me on regulations to take back to my instructor? However, I would prefer to pass on a skip then have to figure out how I am going to come up with 5 to 10k to simply talk to a criminal defends attorney.

BTW - my comments are sincere, so if the tone comes off differently, please excuse me, hard writing using this kindle fire.

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Tomorrow is the most important thing in life. Comes into us at midnight very clean. It's perfect when it arrives and it puts itself in our hands. It hopes we've learned something from yesterday.

VA DCJS #99-99238446

Bill, just want to thank you for sharing your information. Was getting the impression that no out of state Bail Bondsman could apprehend a skip in VA.

Years ago, I spent a lot of time in Galax Virginia , along with a licensed Virginia Agent. Glad to see that hasn't changed.

_________________
Bill Williams
Bail Agent
Eagle Bonding Services
Asheville NC 28804
828-777-8667
Lic # NC10013561
Lic # TN 2033018

Never be haughty to the humble
or humble to the haughty - Jefferson Davis

Rich, call me on Monday and I will clue you in. VA cannot regulate what you do outside of their jurisdiction. The instructor may have been addressing reciprocity agreements. I guarantee you that your instructor did not do what I did to clarify the statutes in DC.

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)

Scott is a licensed Maryland bondsman and a PI, which I think makes it legal in DC. I am a licensed Virginia bondsman, also legal as far as I can tell... I think the bottom line is and what I have always done... if an out of state licensed bondsman comes into Virginia to make an apprehension... he is fine if he is accompanied by a Virginia licensed bondsman or licensed Virginia BEA... this scenario has also worked for me in many states... I contact LE when I arrive, check the laws and if it calls for a compliant agent in that state to accompany me... so be it.

It is not hard to be compliant if you simply read and follow what is legal. If there are questions, go to the source. I would also advise that as I have stated many, many times on here.... just because it is a written law, does not make it proper procedures... many LE folks do not know the law and so you really need to be extremely vigilant and aware because you may still have issues to deal with. This business is so difficult and has so many differing rules and regulations specific to each state, that it is almost impossible to be totally safe in your actions.

Sometimes I have come up against totally inept LE and simply because I approached in a professional manner and had knowledge on my side... was able to overcome their questionable reception of me and the people I was with or was after.

As always... rule of thumb is.......... there is no rule of thumb.



Bill, I try never to say "what I say is gospel"... I can only relate what has happened to me... Steve F. can attest to my story, we may have actually "pulled one off"... I guess we were legal... I really don't know for sure... only that we were inside a courthouse and had to deal with two very inept BEA people that caused a very large "ruckus"... went before a magistrate and dealt with many deputies inside the courthouse and were able to manipulate our way out in a proper manner without any problems and with Steve's fugitive... we all had our papers in order and it all worked out fine... next time may be totally different... my experience in this business dictates that your demeanor and preparedness will take you far... sometime in the absence of proper paperwork or credentials...

_________________
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"

Actually Bill, I think you nailed it. So long as a licensed VA BEA or Bondsman is along and the paperwotk is in order we should be good to go. Always possible problems with LE, not much we can do about that except have our ducks in a row with the latest statute for the state we're in.

Nobody should take my comments as gospel, I've been wrong on many occasions in every facet of life. Please do your own due diligence.

_________________
Bill Williams
Bail Agent
Eagle Bonding Services
Asheville NC 28804
828-777-8667
Lic # NC10013561
Lic # TN 2033018

Never be haughty to the humble
or humble to the haughty - Jefferson Davis

I refer to this as professional BS... a quality you have to have... and that is no BS.


I thought I made a mistake back in '78... but upon deeper examination of the facts...

" I found the mistake was a mistake... I was actually correct in my mistaken assumption of the false facts related incorrectly to me by a false agent with improper credentials under false pretenses in a rather shady illegal operation on a subject who was falsely identified by the wrong magistrate and mistakenly picked up by a pseudo-police officer wearing an unauthorized uniform... under those circumstances... my mistake was vindicated and I was reinstated to perfection."

You have my permission to copy and use this in a court of law.... no further explanation is needed.

_________________
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"

§ 19.2-114. Written waiver of extradition proceedings
Any person arrested in this Commonwealth charged with having committed any crime in another state or alleged to have escaped from confinement, or broken the terms of his bail, probation or parole may waive the issuance and service of the warrant provided for in §§ 19.2-92 and 19.2-93 and all other procedures incidental to extradition proceedings by executing or subscribing in the presence of a judge of a circuit or district court within this Commonwealth a writing which states that he consents to return to the demanding state. However, before the waiver is executed or subscribed by the person, it shall be the duty of the judge to inform the person of his rights to the issuance and service of a warrant of extradition and to obtain a writ of habeas corpus as provided for in § 19.2-95.
If and when such consent has been duly executed, it shall forthwith be forwarded to the office of the Governor and filed therein. The judge shall direct the officer having the person in custody to promptly deliver him to the duly accredited agent of the demanding state, and shall deliver or cause to be delivered to such agent a copy of the consent.
This section shall not be deemed to limit the rights of the accused person to return voluntarily and without formality to the demanding state, nor shall this waiver procedure be deemed to be an executive procedure or to limit the powers, rights or duties of the officers of the demanding state or of this Commonwealth.
(Code 1950, § 19.1-78; 1960, c. 366; 1975, c. 495; 1992, c. 306.)

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Domestic Security Investigations
P.O. Box 4462
Rockville, MD 20849
Tel: 1-800-387-0787
Anti-Moral Majority Club President
"Fear not the unknown, Fear the person who controls the unknown" Gene 7:14

I have never had a problem with extradition and I do not know if this statement, which I added to my defendant applications and is on every bond application that is signed by the defendant, is legal or will hold water, but it has been looked at by judges and they have passed on it several time... both General District and Circuit.

This seems to help on my side of the fence... as for bondsmen from other states... I don't know what they may have in place but what Gene posted would certainly clarify that move. thanks!!

Again, I do not know if it is legal but it has worked for me a couple of times... of course, I might mention that I do happen to know the judges involved but they do not normally cut me any slack when I appear before them... they seem to enjoy making me squirm.... imagine that???

_________________
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"