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 Post subject: Re: Forfeiture ordered for "CONDUCT" rather than "
 Post Posted: Wed 19 Nov 2008 07:02 
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Kathy wrote:
BTW, the case that I mentioned above was ruled in favor of the bondsman, and the collections attorney was severely chastised.<<<<<<<<<deleted>>>>>>>>>>>


Kathy, you are also, right on the money... I wish I could clarify thoughts as good as you... to the point and IMHO exactly right.

As for the 'play out' of this case... just checked my case info and GET THIS!!!!!!!!!!!!!!!!!!!!!!!

1. the original charges on this defendant... that the CA had tried to forfeit on me with... were as follows:
a. ASSAULT & BATTERY - Nolle Prosequi
b. VIOLATION OF BOND CONDITIONS- dismissed
c. DRUNK IN PUBLIC- not guilty

Other charges that were also involved were, Petit Larceny and Trespassing, which were Guilty and for which the sentence was 'no jail time', suspended sentence. Deferred disposition on one charge... finalizing in 3/09

In fact all the charges on this guy simply went away... as did the original CA... who transferred to another town in VA.

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 Post subject: Re: Forfeiture ordered for "CONDUCT" rather than "
 Post Posted: Wed 01 Apr 2009 16:44 
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I need someone to help me here...... Terminology-(Revoked)

The understanding from what I am reading........

If a defendant is released upon execution of a bail bond that does not contain all the information required by subsection, the defendant's order of pre-trial release may be (revoked) I do understand this part-meaning the bail bondsman left out required information on the bond;right?

what other measures would fall under this terminology, and what would be the outcome of those?

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 Post subject: Re: Forfeiture ordered for "CONDUCT" rather than "
 Post Posted: Wed 01 Apr 2009 17:08 
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Basically there are only 3 parties who have the authority to revoke (cancel, withdraw) a bail bond:

1) The Judge 2) The Bail Bondsperson 3) The co-signer

1) The Judge- Obvious reasons..FTA, or wants the def. returned for other outstanding warrants as requested by LE.

2) The Bondsperson- Generally speaking: He/She may revoke a bond at anytime, with or without cause. Usually though a bonding company will only issue revocations for breeches of contract, ftp - failure to pay, fear of def. fleeing, etc.

3) C/s: A C/s may request of the bonding company to be relieved of thier obligation for whatever reason. The bonding company will usually charge another 10% premium in order to cover their costs of the physical logisitics involved in issuing the revocation.

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 Post subject: Re: Forfeiture ordered for "CONDUCT" rather than "
 Post Posted: Wed 01 Apr 2009 18:00 
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RWB wrote:
A C/s may request of the bonding company to be relieved of thier obligation for whatever reason. The bonding company will usually charge another 10% premium in order to cover their costs of the physical logisitics involved in issuing the revocation.


Agree with everything except we charge $250 to revoke the bond at the direction of the indemnitor... of course if there is any cost involved in apprehending the defendant and transporting him to jail... that is all covered by the indemnitor... in full plus the $250 I charge.... sometimes another indemnitor, for whatever reason, will want to get on the bond and the original indemnitor wants off... in that instance, I do a full info check on the new indemnitor and still charge the $250.... and depending on the size of the bond, may require additional or different collateral.

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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"


Last edited by speezack on Wed 01 Apr 2009 18:34, edited 1 time in total.

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 Post subject: Re: Forfeiture ordered for "CONDUCT" rather than "
 Post Posted: Wed 01 Apr 2009 18:09 
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Thank you Bill,

I was answering on the fly, yakking on the phone and trying to answer all at once.... Didn't mean to leave out the very solid points you added.

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Decatur, Al. 35601


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 Post subject: Re: Forfeiture ordered for "CONDUCT" rather than "
 Post Posted: Wed 01 Apr 2009 19:04 
 
As said, are the courts going to responsible for the people's actions that they let out on bond? NOT! There's no way this will go through. They can't say that bondsman are responsible for a subjects actions but they are not! This CA opened up a whole can of worms that he might be made to swallow! :x


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 Post subject: Re: Forfeiture ordered for "CONDUCT" rather than "
 Post Posted: Thu 02 Apr 2009 06:57 
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Thanks guy's,

I really appreciate both of your responses......
:D i'm finding my studies are not that indepth!

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 Post subject: Re: Forfeiture ordered for "CONDUCT" rather than "
 Post Posted: Thu 02 Apr 2009 12:08 
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Kittygrl, most state required studies only include the pertinent laws as they are written. They don't include the finer points that are necessary to actually conduct a business. However, as you have read, state laws vary so what works in one state could be totally opposite what works in another. That is why so many of my posts are prefaced with "here" or "in CO" when I am discussing actions or legalities. What is legal here is very illegal in some states.

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Blackshear Investigations
Blackshear Bail Bonds
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Walsenburg, CO


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 Post subject: Re: Forfeiture ordered for "CONDUCT" rather than "
 Post Posted: Thu 02 Apr 2009 12:52 
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Thank you, Mam....!

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