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 Post subject: Re: Recovering a Skip from Florida/ Bonded in Alabama
 Post Posted: Sun 27 May 2012 22:11 
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Since Florida particpates in the UCEA, you may have violated federal law (a felony) as well by taking her back across state lines without a court order from a Florida court. If she has a good lawyer, you and the bondsman have just put yourselves at risk.

Many bail agents and recovery agents believe, wrongly, that by signing the section of the bail bond application stating that they waive their right to extradition, they may automatically return a skip across state lines. I would consult with an attorney who is well versed in the UCEA!

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Randall Crew & Associates
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 Post subject: Re: Recovering a Skip from Florida/ Bonded in Alabama
 Post Posted: Mon 28 May 2012 05:54 
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Randall is correct, you cannot be compelled to sign away your legal rights. The position would be that the defendant signed under duress.

Scott

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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.
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 Post subject: Re: Recovering a Skip from Florida/ Bonded in Alabama
 Post Posted: Wed 30 May 2012 01:19 
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Joined: Mon 09 Apr 2012 23:35
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Hey guys sorry for the long wait on the reply I work for a alabama bondsman.. to clarify returned the skip for her. I would have followed the advice but I had already apprehended the suspect before any was posted. Believe me I would not had followed through with the recovery if the local police hadn't cleared us. We believe in operating as professionals, we never enter a jurisdiction with out stoping by the local pd 99 percent of the time. The other 1 percent we call.

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 Post subject: Re: Recovering a Skip from Florida/ Bonded in Alabama
 Post Posted: Wed 30 May 2012 01:28 
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Thank you for the facts suggestions and advice. I will defiantly take them into consideration before apprehending any more florida skips.

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 Post subject: Re: Recovering a Skip from Florida/ Bonded in Alabama
 Post Posted: Wed 30 May 2012 09:05 
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Joined: Thu 16 Jun 2005 16:04
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Just FYI: The names of states are always capitalized. I'm in Alabama also, and find it both offensive and insulting that you so blatantly disrespect her in this manner.

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 Post subject: Re: Recovering a Skip from Florida/ Bonded in Alabama
 Post Posted: Thu 31 May 2012 00:34 
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SpanielPI wrote:
Just FYI: The names of states are always capitalized. I'm in Alabama also, and find it both offensive and insulting that you so blatantly disrespect her in this manner.



You are completely right I am assuming. I'm beside myself for making such a "blatant, offensive and insulting" mistake....A mistake I did not make in high-school and college. I am sorry for offending you in any way. There said you could have acted mature and said something to me in a Private Message. There's really no reason to be a negative nancy.

FYI: Alabama is not a him or her...the proper pronoun when referring to a state is it.

Laugh out loud it's all in good sport

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 Post subject: Re: Recovering a Skip from Florida/ Bonded in Alabama
 Post Posted: Thu 31 May 2012 01:35 
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SpanielPI wrote:
What's the point in asking for advice if you aren't going to follow it ? Only makes us not want to help folks anymore as it is obviously a waste of our time.

The advice was not available before the time of the recovery......Believe me I would not have attempted the apprehension if it was not for the local PD's approval. All the bondsman i've dealt with so far dealing with Florida recoveries ( one 34 years and the other 36 years told me I only have to be employed by them and there license then applies to me. I am still confused what is factual and what is not. I will not make anymore recoveries in Florida until I clarify everything...I can't figure out why the bondsman's process wouldn't transfer though. I don't mean to offend anyone with my delayed replies.

Experience >1 year

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 Post subject: Re: Recovering a Skip from Florida/ Bonded in Alabama
 Post Posted: Thu 31 May 2012 01:54 
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Believe me I would not have attempted the apprehension if it was not for the local PD's approval. All the bondsman i've dealt with so far dealing with Florida recoveries ( one 34 years and the other 36 years told me I only have to be employed by them and there license then applies to me. From my understanding I'm considered considered a limited surety agent while employed by the bonds man. Thats what I have been told. I also do not understand why Florida wouldn't honor the bondsman process? I am still confused what is factual and what is not. I will not make anymore recoveries in Florida until I clarify fact and fiction. Once again thank you for all congrats and advice , sorry if it was to no avail before the recovery. I assure all advice has not fallen upon death ears and has been considered.


This a more up to date reply. Experience is listed on my profile

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 Post subject: Re: Recovering a Skip from Florida/ Bonded in Alabama
 Post Posted: Thu 31 May 2012 16:44 
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dbay,

You've sure caught your share of heat and you've taken it a lot better than a lot on here would have, including me. Most of the posts were informative and trying to be of help so you wouldn't get jammed up and there were some that weren't called for. You have shown a ton of class here and I want you to know that I, for one, appreciate the way you have taken some of the remarks. If I can ever be of assistance to you all you have to do is PM or call me.

Remember, none and I mean none of us have all the answers, not long ago it was stated on here that only a licensed Florida agent could make a re-arrest in florida and that certainly isn't true. Some have been in this business longer than others but none that I have spoken to or met are experts in bail laws accross the country.

Hang tough.

Take care

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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


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 Post subject: Re: Recovering a Skip from Florida/ Bonded in Alabama
 Post Posted: Thu 31 May 2012 17:09 
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Quote:
I will defiantly take them into consideration before apprehending any more florida skips.


I think you meant "definitely" ?

Granted, you are technically correct; However it is a time proven custom for men to speak of "its" with admiration and affection as though they were speaking of a woman. States, ships, planes, cars, guns, etc.

Quote:
I also do not understand why Florida wouldn't honor the bondsman process?


If you actually read the Bondsman's Process, you will see where it states that we can apprehend the fugitive anywhere we find them within the State of Alabama... The BP is not valid outside of our State and so therefore, no other state is obligated to honour it.

When performing out of state apprehensions it helps if the charge is a felony, the fugitive is listed in NCIC, you have the original certified BP and certified undertaking of the bond, which is required by state law, (typically the pink slip), and the forfeiture notice.

When you do your leo check in, this shows the cops that you have done your due diligence and are in compliance with your home state's laws.

Also, pay attention to a very key sentence on the forfeiture notice at the bottom. It reads something to the effect of "to any and all law enforcement officers you are hereby directed to arrest the defendant..."

In essence, because of that sentence, the forfeiture notice actually turns into a direct court order to the cops. I have had several cops reluctant to assist due to liability and colour of law issues, but when I point that out to them, they usually make a copy of it and then proceed to render assistance, even if it is just sitting on the street "for public safety issues".

You might find it beneficial to refer to our State's bail laws found in Title 15, I think chapter 13. Under Bail or Bail Laws.

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Decatur, Al. 35601


Last edited by SpanielPI on Thu 31 May 2012 17:41, edited 2 times in total.

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