UCEA

I have a skip that has relocated to NV. I have contacted the Las Vegas PD and have received conflicting reports on extradition. I know that we need to follow the Uniform Criminal Extradition Act and have been studying it to get a definative answer. Additionally, I have contacted several other people in this profession (in CA and in NV) and receive conflicting stories from them as well.

As always, our team wishes to be in compliance with all of the laws. Has anyone had to deal with this situation and if so what would you guys recommend?

Matthew,

Is your guy a felony fugitive and on the NCIC? Should he be?

Was your guy in custody when he missed court?

Did the court fail to forfeit the bond when it should have?

Study the court transcripts and file and think "Desktop."

If you get the bond exonerated in open court then that is as good as booking the person, or at least that's how I work my cases.

Rex

Are you wanting to pick this guy up yourself or have LVPD pick him up to extradite? I don't know of any state that will extradite on a misdemeanor.

We have travelled to about 30 states in the last 2 years. We take a copy of the warrant (not just the bail forfeiture notice) and all of the bond packet with us. We notify the local PD when we get into town to let them know who we are, where we will be, and what we are doing. Some want to assist, some just ask if we need them, and most have been very cooperative (except in WI). We've been to LV for arrests several times and that's all we did there. We picked our person up, notified the PD that we had them and left. That's pretty much SOP wherever we go.

We have only had to deal with an extradition issue once and that was in Texas. That was only because the guy had a warrant there so the locals took him into custody for that. Our's was a felony warrant so we had our Colorado county sheriff put a hold on him and we went back to get him when he was clear to be extradited.

Kathy Blackshear
Blackshear Investigations
Chuck Carter Bail Bonds

Kathy,

It is good to find you here contributing.

I think the point in this thread has more to do with the crossing of state lines for the purpose of lawful bail enforcement than just closing a case.

Nevada has some some of the--if not the most--stringent laws on the books today. It isn't like it used to be, and simply getting a copy of the warrant--certified or not--does not necessarily make an arrest a lawful one depending on the state and its laws.

In California, for example, it is a misdemeanor to arrest an out-of-state skip without first complying with PC 847.5, but most people don't know this and therefore do not comply; hence, if the arrest was not a lawful to begin with then, of coarse, other related actions may have been unlawul as well.

Where one may be able to enter a state and peform an arrest without problems, it only takes one incident for a prosecutor to investigate the validity of one's actions in terms of lawful behavior.

Taylor v Taintor does not summarily allow people to cross any state line at will for the purposes of arresting a bail bond fugitive bearing in mind that certain state laws specifically prohibit such actions absent meeting a given state's requirements.

Needless to say, a whole truck load of felony charges could be the order of the day if one were not prudent in his or her actions.

Socalocmatt's concern is valid, worth discussing and any BEA who does not operate in this manner would be remiss in not performing due diligence prior to taking action that is, at the time, unlawful; indeed, the only way to avoid becoming a test case is be knowledgeable prior to making an ill-advised move.

Teching out the bond is one way to cure the forfeiture without the exposure of not just crossing state lines but of also being placed in a situation that is possible with every arrest.

Learning to think like this is one of the hallmarks of "Modern Bounty Hunting."

Again, your input is well appreciated and I look forward to your posts.

Rex

Rex,

Thank you for sharing your knowledge and experience. I try to research the laws in every state we go into and many times contact the local PD or sheriff before we ever get there to find out exactly what they require from us, if they are reciprocal on Colorado's CCW, any weapons restrictions, other laws, etc. To date, we have not had an issue, even with states that do not recognize "bounty hunters" or bondsmen. That's not to say that it will not happen. We always try to comply with the letter of the law as we can find and understand it.

I was unfamiliar with that CA statute and we have made many arrests in CA. Apparently local law enforcement is unaware of it as well. We always go to the local PD with all of our paperwork and have mostly been told that since it was a misdemeanor that they couldn't help us unless we had to call them because a dangerous situation had arisen. This varies depending on what part of the state we are in. We have also had bondsmen to contact a local sheriff or PD and request that a person be picked up and held for extradiction only to be ignored or rejected. How do we deal with the law if the LE doesn't want to enforce it? Do we need to take a copy of the law with us and insist that they comply? I hate butting heads with the people we are requesting help from and am always respectful, but sometimes they get irritated if you have to tell them their job.

Thanks again for your assistance.

Kathy

_________________
Kathy Blackshear
Blackshear Investigations
Blackshear Bail Bonds
Sales Associate, Prepaid Legal Services, Inc.
Walsenburg, CO

Proud Member of the AB Reject Club

kathy great post-great topic-many states have licensing requirements for example new hampshire if you attempt and arrest here you will be charged with a misdomeanor if you are not licensed here-some pds do not know the law and will allow you to make the arrest than some wise guy public defender type will see what you did and go the the attorney general and make a complait about you-you will be charged and arrested.
another example id you arrest a skip in mass you must turn him over to the local pd(mass applies the ucea to beas)if you do not give the skip to the pd you risk getting charged with kidnapping(no fun).if your skip is not extraditable the pd will let him go-than you have your bondsmen put in a motion to the court to have the bail exonerated because of states interfearence-- i have made arrests in wisconsin (osh kosh) with the assistance of the pd. and the involvement of the attorney generals office and the governers office and have been invited back anytime--alot depends on your actions and the respect given to the powers that be

Have things changed in the last 10-years or what ?

With all the mucky-muck surrounding bail these days, I learned how to circumvent the problem areas by attacking forfeitures on my own home turf irrepsective of which state the skip took off to.

I'm not going to sugar coat the fact that not everyone can hear my advice and put it to action in their own states, but "Desktop Bounty Hunter" while California based is, nevertheless, meant for the advanced BEA or bail agent who has not grown out of conventional methods but can apply the principles in his or her own state where the law allows it.

Extradition hassles, refusal to act on misdemeanors, law conflicts and other problems are not really problems when you or your client is standing in your own backyard arguing in open court in such a way that the aforementioned problems become virtues in support of your position.

I know this is a complicated subject for people who are new, but, at some point, expanding one's knowledge is crucial in taking that next step from the conventional to the unconventional.

The benefit herein is that people who are able to do this are less likely to become the latest headline thus preserving the trade for the long run one could imagine.

Whew! I probably didn't make any sense at all.

Rex

I do not know if it will help you or not but, we have an active Deputy Sheriff in Nevada that does our recoveries on his days off.