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ken1
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Post subject: Re: NC State Law, dictates what is professional attire (Almo Posted: Tue 05 Jul 2011 17:41 |
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Moderate Poster |
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Joined: Tue 29 Nov 2005 18:41 Posts: 76 Location: Asheville,N.C.
FRN Agency ID #: 0
Experience: 5 - 7 years
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I am a Bail Bondsman in N.C. I have being doing this for about 6yr. and I agree with Bill on what he said. Because of your age you were not around when the DOI sent letters to bondsman that plainly stated the only thing you can have on a shirt or jacket MUST say bail agent or bail bondsman nothing else. Maybe the police have never said anything to you about wearing a badge, that doesn't mean it is legal. Most don't know, but if a DOI investigator sees it you will be in serious trouble. If you have any questions about this, please call Doug Cozart. This gentleman will give you answers to any questions you may have. If he tells you that it is ok to do something or wear something, then it is ok.
_________________ Blackjack Bail Bonds 828-277-7110(Bonds only) 828-275-7353 cell
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speezack
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Post subject: Re: NC State Law, dictates what is professional attire (Almo Posted: Thu 07 Jul 2011 20:06 |
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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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Things I would add.... very simple...
#1: Every jurisdiction is different, every magistrate, judge, police officer, attorney and court clerks and associated members of LE operate differently. The law is the law, but it is interpreted different by everyone involved and even that differs from state to state.
#2: The rule of thumb is.... "there is no rule of thumb".
You need to know the law, but even then you will always run up against someone that interprets it differently.
I have had circuit court judges misquote the code of Virginia to my face and when I "quietly" tried to point out the written word... from the code itself... the judge looked over his glasses (as they do) and said... "that is open to interpretation Mr. Marx.... I am the judge and you are the bondsman, get used to it...."
Operate with a completely open mind and be extremely aware of how you make your moves, your speech, your dress, your actions, your every activity... cause sooner or later, even the best prepared will come up against a "know it all" that will turn you around....
There are many old sayings... "what is right, is not always right" and another... "just because it is true does not make it right.... or fair."
Flexibility is paramount in everything related to this business.
_________________ 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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CD Manning
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Post subject: Re: NC State Law, dictates what is professional attire (Almo Posted: Sun 24 Jul 2011 19:51 |
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Posting Newbie |
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Joined: Mon 09 May 2011 10:17 Posts: 4 Location: Kernersville, NC
FRN Agency ID #: 0
Experience: < 3 years
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my apologies for not being as clear as i should have been. right now im working horrible hours trying to catch four different people. cause our 3 year period is closing fast and we are very short staffed here as well. hence the week plus time its taken to respond.
every county is different, and how they work. as well, i did not assume or imply that we can go into a 3rd party without permission, we have to have justifiable cause as to why, photo's / videos of the defendant inside, or defendant going inside. yes im aware of my typo with taylor vs taintor. i was on my phone. im very aware even though its federal "case" law , its limited. much like it is in NC. (>3rd party rules<)
_________________ If you hide, i will send midget strippers to find you
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B Williams
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Post subject: Re: NC State Law, dictates what is professional attire (Almo Posted: Mon 25 Jul 2011 18:21 |
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Advanced Poster |
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Joined: Wed 20 Apr 2011 14:25 Posts: 1351
FRN Agency ID #: 3902
Experience: More than 10 years
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Chris,
First, I hope you get your skips before time runs out...Couple things you should know but it's up to you if you choose to follow these statements. The gentleman you said gave you your training with the NCBAA is Doug Cozart. A more knowledgeable man concerning NC Bail laws you will not find, so please verify my remarks with him.
It doesn't matter if you see your skip float through the air into a third party residence, without permission of the homeowner you can't legally enter. (the homeowner is probably gonna deny that access was granted) There is case law on this subject.
We are not officers of the Court in NC. In fact we aren't allowed to file a simple motion to set aside a Bond Forfeiture in a couple counties.... An attorney has to do this...Thankfully the legislature has changed this and it becomes effective Dec/1/2011
There is more that I won't get into right now
Good luck on your pick ups.
_________________ Bill Williams Bail Agent Eagle Bonding Services Asheville NC 28804 828-777-8667 Lic # NC10013561 Lic # TN 2033018
Never be haughty to the humble or humble to the haughty - Jefferson Davis
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KARMA
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Post subject: Re: NC State Law, dictates what is professional attire (Almo Posted: Tue 26 Jul 2011 07:45 |
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Joined: Mon 14 Feb 2005 10:59 Posts: 7563 Location: Arkansas
FRN Agency ID #: 340
Experience: More than 10 years
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Quote: It doesn't matter if you see your skip float through the air into a third party residence, without permission of the homeowner you can't legally enter. (the homeowner is probably gonna deny that access was granted) There is case law on this subject. FACT . . . and there is always, ALWAYS, at least one more added to the list of already many examples added to the CE Class that I must attend every year . . . (I am in Arkansas) 3rd party must ALWAYS give permission and you can guarantee . . . If something goes S . . . you are going to be held at fault in a Court of Law. The best bet is to wait him or her out. They will always come out for something . . . they just do not need to know that you are there. Running out of time ? Find something to lure them out to a safer location for yourself . . . Use your imagination . . .
_________________
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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speezack
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Post subject: Re: NC State Law, dictates what is professional attire (Almo Posted: Tue 26 Jul 2011 10:36 |
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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: Find something to lure them out to a safer location for yourself . . . Use your imagination . . . Knock, knock..... "Pizza Hut!!!... got a pizza for <<'your perp'>>" "What?, you didn't order one... well somebody ordered it from this address... I guess in that case I will just have to leave it cause I can't take it back... so, here it is.............. "9 times out of 10... the door will open... You knew I was gonna come back on this one.............................. I have a pizza sign for my car and a pizza hut hat.... I don't think impersonating a pizza delivery boy/girl is a chargeable offense.... ?? True story..... several years ago........ We found the address by sweet talking a pizza hut employee... in the close proximity of my skip.... he was in their data base... (Orlando, FL)... went to the address... knocked on the door, announced "Pizza Hut"... he answered.... got him and drove back to Virginia... and got off a $25,000 bond. I do not recommend this procedure, I only offer it as something that I have done... it may or may not work for you... but it is... as LuVonda says... "using your imagination" and in my defense... your imagination will begin to work very well when you are looking at a $25,000 forfeiture...
_________________ 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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B Williams
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Post subject: Re: NC State Law, dictates what is professional attire (Almo Posted: Tue 26 Jul 2011 16:34 |
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Advanced Poster |
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Joined: Wed 20 Apr 2011 14:25 Posts: 1351
FRN Agency ID #: 3902
Experience: More than 10 years
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Now that is absolute wisdom from two people that have been there and done that and also two people that I've come to respect.
Thanks Luvonda and Bill !
While I'm at it, NC has NCDOI Investigators cover every county in NC, let these guys see you or me wear a Badge and it's over !! I hope anybody reading this from NC will follow the regulations set forth by the DOI... Our Association is becoming pro active in weeding out Bondsman that refuse to follow the law in NC. This includes Cozart.
If anyone doubts this call Doug Cozart, he will set the record straight even though he would laugh at being called 65 yeards old.
_________________ Bill Williams Bail Agent Eagle Bonding Services Asheville NC 28804 828-777-8667 Lic # NC10013561 Lic # TN 2033018
Never be haughty to the humble or humble to the haughty - Jefferson Davis
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speezack
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Post subject: Re: NC State Law, dictates what is professional attire (Almo Posted: Tue 26 Jul 2011 18:57 |
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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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Bill, I wish Virginia operated at that level..... DCJS here has no teeth... I really hate to say that but there have been numerous incidents that have involved shady actions by bondsmen.... observed by myself and others and reported to DCJS... we are supposed to be able to file anonymous reports and they are supposed to be investigated but of the several I have sent in... none to my knowledge have ever hit the field... and the activities continue, unregulated. Now here's a quick little tale for ya............ As to the badge... I of course am a Virginia bondsman... this picture was taken by a law enforcement officer in NC when I was taking a fugitive into custody for transport back to Virginia... notice my "pretty little badge" which says in plain site.... "Bail Bondsman" and actually has my name on it also, which in Virginia is ok... as long as it does not have the Virginia state seal... and does not infer LE in any manner. In my defense I will only say here.... I was notified of this skips location in a NC jail by a LE friend of mine who knew I was looking for him... I had to drive down and actually bond him out in order to get custody to bring him back because the jail would not allow me to take possession of him legally... his family was on the way to the jail to bond him... I beat them there, bonded him and took off back to Virginia.... I had a friend of mine in NC... write the bond ($1000) I then took him to the Virginia jurisdiction and turned him over with my bail piece... and came off of my bond, then I faxed a copy of the bail piece to my NC buddy and he got off the bond he had written for me... rather unusual deal and I had been at the lake fishing which is why I am dressed in the manner I am..... "tactical sandal" and all......................... So please do not call me or post how crazy I am for going on a pickup dressed like I went to Disneyland... although that is my usual demeanor... Here again............. "imagination"... you damn well better have one in this business...
_________________ 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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Jon Kowal
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Post subject: Re: NC State Law, dictates what is professional attire (Almo Posted: Tue 26 Jul 2011 19:27 |
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Junior Poster |
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Joined: Thu 21 Jul 2011 13:13 Posts: 17 Location: NC
FRN Agency ID #: 0
Experience: None
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More proof of what Bill was explaining. Research all avenues or u can be held liable civilly and criminally. Always be safer than sorry. NCBAA Commissioner’s Column September 2006 Bail Bondsmen and Badges Lately, the Department of Insurance received several questions about bail bondsmen displaying badges and/or wearing clothing that gives the impression they are connected to a law enforcement agency. These questions reminded me of a similar situation that came about in 1998 when bail bondsmen were using equipment commonly used by law enforcement officers. At that time the Department determined that using items which give the impression of being associated with law enforcement agencies was illegal under North Carolina law (N.C.G.S. 58-71-95). This legal interpretation still stands, and it’s important that you, as a bail bondsman, know which items are considered illegal under the law. Items that are associated with law enforcement agencies include, but are not limited to the following: badges, jackets with patches that resemble shields or badges, clothing that resembles federal, state or local police SWAT personnel, and clothing or jackets labeled as “state agent,” “bail enforcement” or any other wording that gives the impression of that the bondsman is affiliated with a law enforcement agency. If you violate the law by giving the impression that you are a law enforcement officer rather than a bail bondsman, you could lose your bail bonding license. As the Commissioner of Insurance and under N.C.G.S. 58-71-80-5a, I have the authority to “deny, suspend, revoke or refuse to renew any license under this Article for fraudulent or dishonest practice in the conduct of business under the license.” As I understand it, every licensed bondsman has a State-issued photo identification card verifying that he or she is a licensed bail bondsman in North Carolina; this should be sufficient when performing your bail bonding duties. Because you already possess a state-issued badge, I ask that you discontinue using any other badges or equipment that would give the impression that you are a law enforcement officer. Bail bondsmen are a vital part of North Carolina’s business industry, and I hope you are proud to be a part of it. If you have any questions about these restrictions or any other legal requirements affecting you as a licensed bail bondsman, please contact the Department’s Agent Services Division at (919) 0807-6800 or visit the Department online at www.ncdoi.com.
_________________ Jon Kowal Security Officer Future Bail Agent North Carolina Cell:703-296-5585
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B Williams
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Post subject: Re: NC State Law, dictates what is professional attire (Almo Posted: Tue 26 Jul 2011 21:15 |
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Advanced Poster |
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Joined: Wed 20 Apr 2011 14:25 Posts: 1351
FRN Agency ID #: 3902
Experience: More than 10 years
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Very impressive Jon that you have done your homework prior to becoming an NC agent. Wish we had more that was willing to prepare themselves prior to getting in this business.
The article you quoted was from Jim Long who was over the NCDOI, he passed away not too long ago, now Wayne Goodwin has taken his place but the article is as true today as it was when Mr. Long wrote it.
Thank you for posting it as it may help many in NC who still believe we can legally wear badges. I'm looking forward to you getting in this business if you choose and I will help you any way I can.
_________________ Bill Williams Bail Agent Eagle Bonding Services Asheville NC 28804 828-777-8667 Lic # NC10013561 Lic # TN 2033018
Never be haughty to the humble or humble to the haughty - Jefferson Davis
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