h988 wrote:
The police inv. stated one needs a lic. to oper. in N.Dakota as a bail enf. agent. My last check it looked like that was not the case . And they like Montana had no requirements ?
Bail agent’s arrest authority.
NDCC, 26.1-26.6-07 North Dakota Century Code Title 26.1. Insurance Chapter 26.1-26.6. Bail Bondsmen 26.1-26.6-07 Surrender of defendant prior to breach.
At any time before there has been a breach of the undertaking in any type of bail provided herein, the surety or bondsman may surrender the defendant, or the defendant may surrender, to the official to whose custody the defendant would have been given had the defendant been committed. The defendant may be surrendered without the return of premium for the bond if the defendant has been guilty of nonpayment of premium, changing address without notifying the bondsman, self-concealment, or leaving the jurisdiction of the court without the permission of the bondsman, or of violating the defendant’s contract with the bondsman in any way that does harm to the bondsman, or the surety, or violates the obligation to the court. For the purpose of surrendering the defendant, the surety may arrest the defendant before the forfeiture of the undertaking, or by written authority endorsed on a certified copy of the undertaking, may empower any peace officer to make arrest, first paying the lawful fees therefore. North Dakota looks at it like this, If your not a licensed bail bondsman you cannot hunt in their state. I have confirmed this with several judges over my time in dealing with NoDak (That's a term we Minnesotans use for North Dakota eh!) to include a Cass county Judge where Greeno is being charged. Could the state use this to possibly add some weight to their case on Greeno? Yeah probably, however it probably wouldn't stick.
Oh and Lion, He hasn't been bailed out. He is still in custody.