In one my courts yesterday... Circuit court to be exact... jurisdiction will remain unlisted... I had a show cause on a case that had FTA'd in June of 2012. I was served the show cause in September of 2013... 15 months after the fact.
Virginia Code section, 19.2-143 states that service on the bondman must take place within 45 days of the violation.
Quote:
19.2-143 VA Code: When a person, under recognizance in a case, either as party or witness, fails to perform the condition of appearance thereof, if it is to appear before a court of record, or a district court, a hearing shall be held upon reasonable notice to all parties affording them opportunity to show cause why the recognizance or any part thereof should not be forfeited. The show cause notice shall be issued within 45 days of the breach of the condition of appearance.
When I was called, I went to the bench and the judge asked me if I needed a little more time to locate the defendant???? I said, in as calm a voice as I could muster... "Your Honor, I have an issue with this case" and continued to present the facts as related to the code section. The CA had a few words relating to why the clerk of the Circuit court did not file the service on me.. and
the judge asked for his law book in order to reference my statement... after a few minutes of silence... the judge looked at the CA, then looked at me and with a slight smile.. he said... "Mr. Marx, your case is dismissed"
I thanked him and left... I do believe the CA was a bit upset and I am sure I will suffer the consequences in the future but right is right.
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Just want to say that I try very hard to comply with the regulations that relate to my business. I am held to a level of professionalism by the regulatory agencies, DCJS specifically and the Code of Virginia in general and those rules and regulations should apply to everyone involved in the judicial system. Often times, in the course of doing this job, I run into participants at all levels that tend to bend the rules, skirt the procedures or ignore issues that directly relate to the actions at hand. This doesn't happen often, but often enough that those of us that strive for ethical and proper actions should stand up for what is correct and right and should be applied, as stated, to all involved. All I have ever asked for in my business practices is for a fair and unbiased application of the law. I want no special treatment but I do want everyone in this industry, from the recovery agents, the bail bondsmen, the courts and all connected, to follow procedure so we can make sure that our jobs are done ethically, legally and in total compliance...
If you so inclined... make note of this little tidbit of "speezack advice"...
If your gonna survive in this industry... you have to do your homework... you have to at least know the rules and regulations as they directly pertain to your business or you will quickly suffer the consequences and be out of business rather quickly.and that's about all I have to say on this subject.
