Mdbtyhtr wrote:
The answer depends on where the subject is apprehended. Some states require Magistration at the closest location to the apprehension. This is true in TX and NABBI member Charlie Deckert has introduced legislation that would allow the defendant to be taken to the jail he was nodded from. If I am incorrect on my interpretation, Charlie will correct me.
Scott
Scott is correct and does not need correcting, but I never pass up an opportunity to clarify
in Texas as it is now.
1. Taylor vs Taintor is not recognized
2. You must be licensed in Texas
3. When you apprehend a defendant you must take them to the Jail in the County that you apprehended them (Felony) to do otherwise
4. You can not Transport a defendant across a county line much less the State Line (Felony) to do otherwise
5. UEA is recognized in Texas
From Wkipedia
What we do as Bounty Hunters is known as (Rendition) under the Uniform Extradition Act adopted in 48 states, Puerto Rico and the Virgin Islands (but not in Mississippi and South Carolina).
Bounty hunters and bondsmen once had limited authority to capture fugitives, even outside the state where they were wanted by the courts. When they deliver such a person, this is considered rendition, as it did not involve the intervention of the justice system in the state of capture. Under more recent law, bounty hunters are not legally permitted to act outside of the state where the offense took place, but cases of rendition still take place due to the financial interest the bondsmen have in returning a fugitive and recovering the bail. Formally, such fugitive cases should be turned over to the state for execution under the Uniform Criminal Extradition Act (1936) and the Uniform Extradition and Rendition Act (1980), if the fugitive's location is known, or the United States Marshals Service, when it is not.
Follow State Laws. Anyone who tells you they can go to any state and capture someone and bring them back is probably committing a pocket full of crimes. You have to learn the laws and how to get the job done using Law Enforcement and the legal system. With the Exception of Kentucky we have been able to network in virtually every state and get the defendants back in jail.
_________________
Charlie Deckert
Texas Bounty Hunters - BFA/OwnerSentry Security & Investigations L.P. - Vice President
Curently Licensed in Texas as;Private Investigator TXLC A16879
Level III Commissioned Security Officer TXLC C11454
Level IV Personal Protection Officer TXLC C11454
Texas Issued Concealed Handgun License
