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 Post subject: LIC Required to Hunt in Arkansas
 Post Posted: Fri 14 Aug 2009 15:04 
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Joined: Mon 14 Feb 2005 10:59
Posts: 7563
Location: Arkansas
FRN Agency ID #: 340
Experience: More than 10 years
Edited by myself on August 31, 2009
This thread has NOTHING to do with any one individual but rather is The State's LAW ~ It is not person specific

Please note:
A Business License allows one to operate in their OWN State . . . Not in States where regulated.

For Example:

In the State of Arkansas where I reside, am Licensed and operate . . .

16-84-114

(2)
NO person other than an ARKANSAS LIC Bail Bond Agent, an ARKANSAS LIC Private Investigator, a Certified Law Enforcement Officer, OR a person acting under the DIRECT supervision of an ARKANSAS LIC Bail Bond Agent shall be authorized to apprehend, detain, or arrest a defendant on a Bail Bond, wherever issued, UNLESS that person is licensed as a Bail Bond Agent by the State where the bond was written.

For those that have Only a Business License to operate as a Private Investigator in your State UNLESS you are a LICENSED Bail Bond Agent in your State . . .
do not come here . . . you will go to Jail . . .

That means you cannot be retained as a PI or a BEA to do the Recovery

Our Laws are very Clear

AR. LIC. PI (not a Business Lic)
AR. LIC. Bail Bond Agent (Unless LIC. Bail Bond Agent in State of Bond Issue)
LE (Certified)


(3) No person shall represent himself or herself to be a bail enforcement agent, bounty hunter, or similar title in this State.
(5) Any person who violates any provision of this section shall be guilty of a Class D felony.

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Do not consider anything for your interest which makes you break your word, quit your modesty, or inclines you to any practice which will not bear the light, or look the world in the face .... Marcus Antonius

I AM Some Folks "KARMA" and A MODERATOR @ FRN


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 Post subject: Re: Business License vs Professional License
 Post Posted: Sun 16 Aug 2009 22:54 
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Joined: Mon 14 Feb 2005 10:59
Posts: 7563
Location: Arkansas
FRN Agency ID #: 340
Experience: More than 10 years
Quote:
using my producer's license in other states, since mine doesn't have licensing for BEA or PI. At least we are required to have a certificate to prove that we completed a 16 hour class for BEA, but PI is an "I says I am, so I am." Process serving is the same. You only have to be 18 and not a party to the case. That's why we network with those in other states. Ignorance of the law is no excuse or defense when you go to jail for breaking it.

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


After speaking with Kathy today I understand what she means by a "producers license" ~ she IS a Bail Bond Agent in her State so should she have the need to come to Arkansas, on a Bond written out of the State of Colorado ~ she would be legal.

However Taylor V Taintor does not apply to NonProfessional Grade PI Licenses from any State here in Arkansas. Infact not even a Professional Grade Licensed PI can hunt here, nor anyone that claims to be or is Licensed as a BEA or any title such.

Taylor V Taintor applies to Bail Bondsmen and the recovery of their little "runaways" and "I just didn't want to go to Court"

So, even if your State does not regulate and you claim yourself to be a BEA . . . well folks that just don't fly here in Arkansas.

The Law is very very clear and they are very very serious here. As I am sure they are in other regulated States. Bill has advised us on Virginia. One can carry all the 'legal' docs they want from another State if they (the hunter) is not legal here they can go to Jail on a Felony charge(s).
If you are not a Licensed Bail Bondsman in the State from which the bond on which the defendant has fled . . . well ya get 3 hots and a cot and not so appreciative Judges for breaking our laws.

I am sure that there will be some that sneak around doing what they want to do . . . but they not only risk going to Jail, and creating a lot of misery (legally and financially) for the one(s) that retained them . . . but further doing damage to an Industry that is already under serious scrutiny.

Afterall we are only one rung up the ladder from the Lawyers

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Do not consider anything for your interest which makes you break your word, quit your modesty, or inclines you to any practice which will not bear the light, or look the world in the face .... Marcus Antonius

I AM Some Folks "KARMA" and A MODERATOR @ FRN


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 Post subject: Re: Business License vs Professional License
 Post Posted: Tue 18 Aug 2009 05:40 
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Joined: Fri 02 Mar 2007 10:51
Posts: 5055
Location: South Central Virginia
FRN Agency ID #: 1474
Experience: More than 10 years
Quote:
Taylor V Taintor applies to Bail Bondsmen and the recovery of their little "runaways" and "I just didn't want to go to Court"


That is a huge statement and is usually at the forefront when discussing that issue. But according to the actual wording, may not be totally factual. Please note the wording as follows:

"When bail is given, the principal is regarded as delivered to the custody of his sureties. Their dominion is a continuance of the original imprisonment. Whenever they choose to do so, they may seize him and deliver him up in their discharge; and if that cannot be done at once, they may imprison him until it can be done. They may exercise their rights in person or by agent. They may pursue him into another State; may arrest him on the Sabbath; and if necessary, may break and enter his house for that purpose. The seizure is not made by virtue of new process. None is needed. It is likened to the rearrest by the sheriff of an escaping prisoner. In 6 Modern it is said: "The bail have their principal on a string, and may pull the string whenever they please, and render him in their discharge." The rights of the bail in civil and criminal cases are the same. They may doubtless permit him to go beyond the limits of the State within which he is to answer, but it is unwise and imprudent to do so; and if any evil ensue, they must bear the burden of the consequences, and cannot cast them upon the obligee."

Not to get off the subject here, however I think this is related to the central issue being discussed.

Would that wording not imply that a bondsman can involve a named licensed/legal recovery agent under contract to carry out the recovery??

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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"


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 Post subject: Re: Business License vs Professional License
 Post Posted: Tue 18 Aug 2009 06:36 
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Joined: Mon 14 Feb 2005 10:59
Posts: 7563
Location: Arkansas
FRN Agency ID #: 340
Experience: More than 10 years
Edited August 31, 2009: This post is NOT Person Specific.

One would think . . .
But State Law must be adhered to or one goes to Jail and puts another black mark on the face of the Industry.. I am also thinking that
Quote:
or by agent
is going to going to be actually interpreted as 'agent of that company", here (AR), Our Law is CLEAR ~ if you are a Licensed Bail Bond Agent from the State of Issue, you are good to go.

Those that are only Licensed by virtue of 'Business" or "Privilege" License in their Unregulated States Cannot hunt here period, they place themselves and their client @ great risk financially, and they (they hunter) will see the ADC up close and personal. :| IF caught of course.

Those that are Professionally Licensed as BEA in their respective States cannot hunt here in Arkansas UNLESS they are "under the direct supervision of an Arkansas Licensed Bail Bond Agent" , and /or dually LIC as a BBA.

Now some states may not have any such regulations in the matter, Arkansas does. I for one would not want to be the one to test the waters here by taking a Non Licensed person out. Nor, would any other Professional here (AR) that has any time in the Industry. One that is NEW or money hungry could probably be convinced into doing so . . . and there would be another nice little headline (should they get caught).

Anyone that operates under that premise~ should I get caught~ is a liability to the ones they work for, and the Industry as a whole.

Missouri is in the process of teaching some folks that . . . Some just think that they know all and are above the Law . . . :shock:

So with that said . . . Before anyone retains another to do a job . . . Laws should be checked and rechecked, if necessary (should the Statute not be CLEAR).

_________________


Do not consider anything for your interest which makes you break your word, quit your modesty, or inclines you to any practice which will not bear the light, or look the world in the face .... Marcus Antonius

I AM Some Folks "KARMA" and A MODERATOR @ FRN


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 Post subject: Re: Business License vs Professional License
 Post Posted: Wed 19 Aug 2009 09:14 
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Joined: Fri 23 Dec 2005 12:57
Posts: 538
Location: NE Alabama
FRN Agency ID #: 2065
Experience: 7 - 10 years
What about a "Bail Bondsman" from the state of Alabama. Our Presiding Judge in each county has to approve us in order for us to sign bonds. The approval doesn't say license, but that's what it is.

Recovery persons are not licensed and cannot go to your state LuVonda, but can a bondsman with our approval from our local Judge?

_________________
Jay Shell
Covering North East AL.
AAA / Eagle Bail Bonds, LLC
Anniston, AL
256.235.2437


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 Post subject: Re: Business License vs Professional License
 Post Posted: Wed 19 Aug 2009 09:44 
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Joined: Mon 14 Feb 2005 10:59
Posts: 7563
Location: Arkansas
FRN Agency ID #: 340
Experience: More than 10 years
Quote:
UNLESS that person is licensed as a Bail Bond Agent by the State where the bond was written.


If you are Bail Bondman in the State of Issue (where bond written) . . . you are good to go here.

_________________


Do not consider anything for your interest which makes you break your word, quit your modesty, or inclines you to any practice which will not bear the light, or look the world in the face .... Marcus Antonius

I AM Some Folks "KARMA" and A MODERATOR @ FRN


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