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raususken
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Post subject: Question regarding Fugitive Recovery Posted: Thu 19 Mar 2009 01:58 |
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Posting Newbie |
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Joined: Thu 19 Mar 2009 01:47 Posts: 5 Location: WASHINGTON
FRN Agency ID #: 0
Experience: None
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Normally when speaking of fugitive recovery, it surrounds a person who posted bail and then did not show up to court. My question is regarding those who are listed as an absconder from probation/parole. Can these people be picked up and returned to the state where they are listed as wanted? I have looked in quite a few places, but can not find anything regarding the "rights" of a fugitive. I have found mention of the writ of habeas corpus, but that doesnt really answer any questions.
Thanks for your time and response.
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kittygrl
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Post subject: Re: Question regarding Fugitive Recovery Posted: Thu 19 Mar 2009 07:12 |
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Joined: Sat 10 Jan 2009 14:58 Posts: 274 Location: North Carolina
FRN Agency ID #: 0
Experience: 3 - 5 years
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Hi raususken !! Welcome.... run a search within this forum on a member named "Steve Faircloth" or simply search the words "absconder",both should help answer your questions.Goodluck
_________________ R&R Professional Skip Trace Service _________________________
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SpanielPI
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Post subject: Re: Question regarding Fugitive Recovery Posted: Thu 19 Mar 2009 07:13 |
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in memoriam |
Joined: Thu 16 Jun 2005 16:04 Posts: 4598 Location: NE Alabama
FRN Agency ID #: 5
Experience: More than 10 years
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If a person is a fugitive from justice, and has warrants out for thier arrest, then naturally, yes, they can be re-apprehended by any law enforcement officer who encounters them.
The only time BEA's have arrest powers is when they have been contracted by the bail bondsman to effect that arrest, vicariously through thier authority in writing.
----------------------------------------------------------------------------------------------------- Basically what you are asking is can a citizen effect a re-apprehension on another person who may or may not be wanted for a parole or probation violation ? The answer is a double edged sword.
Technically and generally speaking (each jurisdiction is different), the principle of citizens arrest exists through various laws, whether they be local, state or federal. However, as a citizen, you are opening yourself up to all kinds of lawsuits and liabilities if you attempt a citizen's arrest. The best way to work within the system is to simply notify local LEO's of the location of a wanted fugitive. This is usally done through your local crimestopper's programs.
The above is a personal opinion of mine, is not to be construed as legal advice, and all persons should operate completely within the laws before executing any kind of legal undertakings.
_________________ River City Associates Decatur, Al. 35601
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raususken
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Post subject: Re: Question regarding Fugitive Recovery Posted: Thu 19 Mar 2009 07:42 |
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Posting Newbie |
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Joined: Thu 19 Mar 2009 01:47 Posts: 5 Location: WASHINGTON
FRN Agency ID #: 0
Experience: None
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Thanks alot for your replies, it cleared up quite a bit of things for me. Quote: Basically what you are asking is can a citizen effect a re-apprehension on another person who may or may not be wanted for a parole or probation violation ? The answer is a double edged sword. Yes, the person is wanted in Florida, and Florida will not pay the expensive extradition cost to have him returned. Washington will not force extradition either, again because of cost, but also because he hasn't been charged/convicted with any crimes in Washington as of yet. My friend and I have been discussing getting started in this field, and figured since we knew where a fugitive was we could get a good start.
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speezack
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Post subject: Re: Question regarding Fugitive Recovery Posted: Thu 19 Mar 2009 07:43 |
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in memoriam |
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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
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RWB wrote: If a person is a fugitive from justice, and has warrants out for thier arrest, then naturally, yes, they can be re-apprehended by any law enforcement officer who encounters them.The only time BEA's have arrest powers is when they have been contracted by the bail bondsman to effect that arrest, vicariously through thier authority in writing. Ruffin, no matter what they say about you.... you are a wealth of information on our business... I have found you to be factual, informative, generally right on the money and in my short tenure on FRN I have found you to give great answers to complicated questions.... and although you do have some detractors on here... U DA MAN... please send the check to PO Box 24, Kenbridge, VA... 23944... just make it out to me personally.
_________________ 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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speezack
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Post subject: Re: Question regarding Fugitive Recovery Posted: Thu 19 Mar 2009 07:45 |
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in memoriam |
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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
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Quote: Yes, the person is wanted in Florida, and Florida will not pay the expensive extradition cost to have him returned. FLORIDA!!! FLORIDA.... I don't even want to start on that one.... Ruffin... jump in anytime....
_________________ 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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speezack
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Post subject: Re: Question regarding Fugitive Recovery Posted: Thu 19 Mar 2009 07:49 |
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in memoriam |
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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
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Quote: My friend and I have been discussing getting started in this field, and figured since we knew where a fugitive was we could get a good start. Short answer.... kidnapping and crossing a state line with the victim.... would be a very quick beginning and ending to your career.
_________________ 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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SpanielPI
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Post subject: Re: Question regarding Fugitive Recovery Posted: Thu 19 Mar 2009 08:13 |
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in memoriam |
Joined: Thu 16 Jun 2005 16:04 Posts: 4598 Location: NE Alabama
FRN Agency ID #: 5
Experience: More than 10 years
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lol Bill...your check is in the mail... Re: agreed with what Bill said..kidnapping and crossing.....
_________________ River City Associates Decatur, Al. 35601
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Mdbtyhtr
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Post subject: Re: Question regarding Fugitive Recovery Posted: Thu 19 Mar 2009 08:51 |
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Joined: Thu 06 Jul 2006 14:22 Posts: 3982 Location: Maryland and Virginia
FRN Agency ID #: 455
Experience: More than 10 years
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While you are doing your research on here as well as other places...search UCEA
Scott
_________________ 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. Chesapeake Bail Bonds 877-574-0500 301-392-1100 (fax) 301-392-1900 (Office)
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raususken
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Post subject: Re: Question regarding Fugitive Recovery Posted: Thu 19 Mar 2009 10:37 |
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Posting Newbie |
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Joined: Thu 19 Mar 2009 01:47 Posts: 5 Location: WASHINGTON
FRN Agency ID #: 0
Experience: None
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According to Washington UCEA Quote: Whenever the governor of this state shall demand a person charged with crime or with escaping from confinement or breaking the terms of his bail, probation or parole in this state, from the executive authority of any other state, or from the appropriate authority of the District of Columbia authorized to receive such demand under the laws of the United States, he shall issue a warrant under the seal of this state, to some agent, commanding him to receive the person so charged if delivered to him and convey him to the proper officer of the county in this state in which the offense was committed. So, in the case presented, a bondsman would need a warrant signed under the governor of Florida's seal in order to legally re-apprehend said fugitive?
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