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Unbelievable court ruling... Virginia
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Author:  speezack [ Mon 08 Sep 2014 19:09 ]
Post subject:  Unbelievable court ruling... Virginia
Another bondsman went to court in south-side Virginia... won't mention the jurisdiction but suffice to say, close to me.... they had a show cause on a case where the defendant was incarcerated in NJ.... verified on 'vinelink' and provided the copies of the record to the judge.

The judge... a stand in for the regular one... ruled that they would try the defendant in absents, found him guilty and advised the bondsman, who is a surety bondsman, that they had to pay the fine and court costs on the case... WHAT YOU SAY????

YEP... now a cash bond can be held for the costs but not a surety bond... and besides, the defendant was in jail and documented.

The total was a bit over $600... the bondsman of course appealed the decision but was forced to pay the fine and costs before he was allowed to leave.

HAVE YOU EVER HEARD OF THIS??? The clerk of court even took the judge aside and pointed out that the surety was only liable for appearance and nothing more. The judge did not budge.

If this is not overturned, Virginia bondsmen in every jurisdiction should be made aware of this and frankly, if this is not overruled, I may be out of the business because I damn sure am not gonna be liable for a defendants fines and costs if he/she is adjudicated in absentee...

Comments welcome???

I present the code section that I think relates to this.... Virginia code... note that the word "APPEARANCE" is specifically mentioned in each of the following sections....

ยง 19.2-143. Where default recorded; process on recognizance; forfeiture on recognizance; when copy may be used; cash bond.

Evidence that the defendant or juvenile is incarcerated or subject to court process in another jurisdiction on the day his appearance is required or a medical certificate from a duly licensed physician that the defendant was physically unable to so appear shall be considered evidence of good cause why the recognizance should not be forfeited.

However, when any defendant or juvenile who posted a cash bond and failed to appear is tried in his absence and is convicted, the court or judge trying the case shall first apply the cash bond, or so much thereof as may be necessary, to the payment of any fines or costs, or both, adjudged against the defendant or juvenile or imposed by law.

You may rest assured I intend on being in the courtroom on that day.... and will give you an update...
Author:  NYPD BLUE [ Mon 08 Sep 2014 20:15 ]
Post subject:  Re: Unbelievable court ruling... Virginia
:shock: W O W :shock:

What the F**k ? ... is this Judge out of his mind ?

When we have a defendant in custody out of state and show proof of such ... The Judge usually (97%) of the time lets us motion off the bond here in Miami-Dade.. Especially if it is an Extraditable Warrant .. then we only need to pay transportation costs for the deft to be shipped back to us. (Other counties in FL are all different with this ruling and are County by County depending on the Judges mood) ..

Hopefully this bondsman gets this overturned.. cause that is just plain stupid crazy ...
Author:  SURETYRISKMANAGEMENT [ Mon 08 Sep 2014 21:30 ]
Post subject:  Re: Unbelievable court ruling... Virginia
That's crazy! Not good at all...I hope that decisions gets overturned.
Author:  Mdbtyhtr [ Wed 10 Sep 2014 06:14 ]
Post subject:  Re: Unbelievable court ruling... Virginia
That is an excellent example of legislating from the bench. Which is beyond the scope of their authority but happens all of the time. We had several judges in MD try to hold bondsman responsible when defendants re-offended but were over turned on appeal because our bonds guarantee appearance only. Incidentally, in MD in order to appeal, you must post an appeal bond in the full cash amount of the bond! I just found out that there was a $7500 judgment filed on me in 05/2013 with no notice on a defendant I bonded out in 05/2006 who FTA'd in 08/2006 and was surrendered the following day. The judgment amount is the 10% to the court bond that he FTA'd on and they are trying to hold me responsible for. This is a money grab from a state that taxes rain water...Google that one!
Scott
Author:  DSI [ Thu 11 Sep 2014 05:12 ]
Post subject:  Re: Unbelievable court ruling... Virginia
Scott M.

There have been a few cases here in Montgomery County wherein defendants on bond for a child support matter have been found in contempt of court for failure to pay support. And the court has ordered the bondsman to pay face value of the bond to the child support agency. I believe a few of these cases are on appeal now. Personally I was shocked at these rulings and hope they are overturned on appeal.
Author:  speezack [ Fri 12 Sep 2014 17:02 ]
Post subject:  Re: Unbelievable court ruling... Virginia
UPDATE! UPDATE! UPDATE! UPDATE! UPDATE! UPDATE! UPDATE! UPDATE! UPDATE! UPDATE! UPDATE!

Regular judge returned.... confers with the clerk of the court (who happens to be a very good friend and knows her job very well... much respect for her!)

Judge simply overturned the ruling and dismissed the case on the bondsman.... "thank you, your Honor... "

Love it when a plan comes together.... just wish more level and knowledgeable heads prevailed in this business....
Author:  Mdbtyhtr [ Fri 12 Sep 2014 18:44 ]
Post subject:  Re: Unbelievable court ruling... Virginia
I got the judgment cleared off of me yesterday after 2 days on the phone to 2 different court locations. I neglected to say that the bond I posted was a $1500.00 traffic bond, and the bond they put a judgment on me for was a $7,500.00 10% payable to the court bond (cash bond). He FTA'd twice since I surrendered him and still has an active open warrant and has been arrested several times since then and the warrant was never served. I explained to the clerk that he was just in court in another county and his current address is listed, she told me that is the Sheriff's problem! I explained to her the proof is evident when they are on bond with a professional surety bondsman, they are apprehended and surrendered immediately. When they are released by the court on cash bail they are still running! Dead silence, well Mr. MacLean, is there anything else that I can do for you today? Click brrrrrr.

Scott
Author:  KARMA [ Sun 14 Sep 2014 09:07 ]
Post subject:  Re: Unbelievable court ruling... Virginia
I pays to be diligent, knowledgeable, persistent, and have a will not take "no" for an answer attitude. Much respect Fellas !
Oh, also pays to 'know' your Court people. Too many come along (in this business) and do not do their due diligence in the Courtrooms ;)
Author:  speezack [ Sun 14 Sep 2014 11:03 ]
Post subject:  Re: Unbelievable court ruling... Virginia
I might mention that the problem in this case was totally on the side of the court... the bondsmen crossed all his T's, dotted all his i's and followed total procedures... even when we are completely diligent in our business and follow all the rules, we still come up against judges and those in the courts who honestly believe that they can... as Scott says... 'legislate from the bench".

I am sure we all have stories of similar actions on the part of the courts... there seems to be an underlying attitude in many courts, against the bonding community... I have never fully understood this mentality but it persists everywhere. I have found that it even exists in the courtrooms that I am most well known and in which I have worked for years. Prejudices exist in all walks of life and business and probably will always be there... we can only continue to be right in what we do as individuals.


Not to get completely off the subject, but I do believe the problem often times lies in our industry, with some of the members of our industry who approach this business totally unprofessionally and create much of the dysfunction that exists between the system and us as bondsmen.... and in that light, I think we might want to try and work to clean up and promote professionalism within our ranks.... and of course this is one of the main reason our formed association NABBI has come into being. If your in this business and your not a member of NABBI... you may want to consider spending the small annual fee to join and promote your business... as said by another... "we are our brothers keeper"...

http://www.nabbi.org

PS: Sorry, I just have to say this yet again............. It never ceases to amaze me how someone that claims to be a professional in this business cannot find $100 A YEAR!! to join an association that promotes THEIR OWN profession... I guarantee they can spend at least that much on cigarettes or coffee probably monthly; but cannot seem to find the small annual fee.
Author:  Mdbtyhtr [ Sun 14 Sep 2014 11:13 ]
Post subject:  Re: Unbelievable court ruling... Virginia
Amen Bill! Sometimes I think our detractors will always work against us regardless of how professional or ignorant we act. I find it interesting that when you read the surety history in states that have removed professional surety, the reasons were because of crooked judges that allowed themselves to be influenced. A corrupt judiciary is so prevalent that it is parodied in movies like the Lincoln Lawyer. But we are the low life's absent the law degrees!
Scott
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