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okay here goes!
The UCEA is present in all states but MO and SC. That means that an individual state has the right to afford their sovereign citizen the right to fight extradition, or intradition according to G. Gordon Liddy. The fact that some states hold to this consistently does not negate the fact that the law is there to protect the civil rights of the defendant. That said, to recover a citizen from another state who has absconded from the wanting jurisdiction, they must be entered in NCIC. Absent that entry, the state that they are located in has no way to confirm that they are a wanted individual. Once that is accomplished, and there is precedent and procedures for accomplishing this task, there is communication from the wanting jurisdiction to the located jurisdiction requesting assistance. They will issue a warrant for fugitive in flight of prosecution, failure to register as a fugitive upon entry into the state, failure to report as a felon upon entering the state or any other number of a myriad of charges designed to detain the defendant legally in the state he was located in, until such timne as the defendant can be brought before the judiciary for an extradition hearing.
To the point of KY, there are legal statutes that spell out the procedure for the apprehension of an absconder in their state, which requires going before a judge and presenting evidence that A) a crime occurred in another jurisdiction, B) the defendant is the person who was in that state at the time and is believed to be the person that committed that crime (as evidenced by arrest prior to absconding) and 3) that the defendant is located in the state. The judge, having been satisfied, issues an arrest warrant to the Sheriff, not the bail agent, and then formal extradition proceedings may convene.
To Bill's question: I have personally recovered fugitives from KY by following the legal methods previously reported. I have also been the person that transported the fugitive back to the wanting state, by authorization of the State's Attorney in writing, as a State actor. I have been challenged on this before and people that know me well have seen my file of precedent setting letters of authorization to transport from numerous states.
To the OP, I believe that you may have misunderstood what your former bondsman was telling you about a Governors warrant or confused terminology on either your or his part. To the point, some states will exonerate bonds by presented motion if they can provide proof that the defendant is in fact incarcerated in another jurisdiction, while others do not. This is important, because some states that are historically difficult to deal with may afford the defendant a fugitive bond, leaving the defendant responsible to self return to the wanting jurisdiction, present himself for service of the warrant, and then return to the state he was located in to prove that he addressed the issue. I have seen documentation where such defendants have been released on signature or personal recognizance bonds to do so, and of course, kept running.
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)
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