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N.Y.B.A.A.

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:: REGULATIONS::

 BAIL BOND TERMS

Bail, in law, obtaining the release from custody of a prisoner by depositing a security to guarantee the prisoner's surrender to proper legal authorities at a given time. The security itself is termed bail or bail bond monies.
A prisoner may be released on bail at the discretion of the court having jurisdiction over the case. In criminal cases, courts may grant or deny bail depending on the severity of the charge; bail is often denied in cases of homicide. When bail is allowed, it is set by the court. The 8th Amendment to the U.S. Constitution prohibits setting "excessive bail." Should the prisoner fail to appear at the required time, the bail bond is forfeited.


Bond (law), an agreement to pay a specified sum of money under certain conditions. Bonds can be classified as conditional or unconditional. Unconditional bonds, also called investment bonds, guarantee payment at a specific time, known as maturity. These bonds are sold to investors by governments and businesses to raise money (see Bond [finance]). Somewhat like an insurance policy, conditional bonds promise payment only if a specified event occurs or fails to occur. Most conditional bonds are issued by a surety company, which promises to pay a predetermined sum if the bond is forfeited.
A variety of conditional bonds are used in business. Fidelity bonds offer payment in the event of theft or fraud. When a fidelity bond has been purchased to guarantee an employee's honesty, the employee is said to be bonded. People who have access to large sums of money, such as employees of banks and messengers who deliver valuables, are often bonded. Performance and completion bonds, also known simply as performance bonds, are used in the construction industry. Contractors are bonded to ensure completion of their work. If work is not completed on schedule, the bond is forfeited.
Conditional bonds are also used in a variety of legal proceedings. Bail bonds are used to guarantee that a defendant in a criminal proceeding will appear for trial or sentencing. The bail bond is forfeited if the defendant does not appear at the appointed time. The losing party in a civil suit may be required to furnish a bond to guarantee court-awarded payments. Likewise, the suing party is sometimes required to furnish a bond to prevent undue damage to a defendant, especially when a defendant's property is seized pending the outcome of a trial or when an injunction prohibiting a certain course of action is issued by the court.


Bail Bond, document guaranteeing appearance of a defendant or forfeiture of a set amount of money, called bail.

Bail Agent, The Individual who will return you back to jail,, after you have decided not to wake up to go court.

 

 

U.S. Supreme Court Decision, Taylor vs. Taintor  (1872) U.S. 16 wall, 366

When bail is given, the principal is regarded as delivered to the custody of his sureties. Their dominion is a continuance of the original imprisonment. Whenever they choose to do so, they may seize him and deliver him up in their discharge; and if that cannot be done at once, they may imprison him until it can be done. They may exercise their rights in person or by agent. They may pursue him into another State; may arrest him on the Sabbath; and, if necessary, may break and enter his house for that purpose. The seizure is not made by virtue of new process. None is needed. It is likened to the re arrest by the sheriff of an escaping prisoner.

This Bill was passed in '1872" and still remains unchallenged.

 

                Bail Agents Rights to Arrest

Bondsmen and Bail Agents have the legal right to arrest a defendant before or after trial date , to break into the defendants home to make such an arrest, and to imprison him until custody can be transferred back to the state. in fact, Bail Agents generally can break into the home of a 3rd party if the fugitive is inside, and are entitled to use all reasonable force to subdue a fugitive including physical force when necessary. Bail Agents are not subject to the constitutional restrictions of Police Officers who perform the very same search and arrest functions. These restrictions Include the 4th Amendment's warrant , search and seizure and knock and announce requirements, and the 5th Amendment's proscription on improper interrogations. They also include the Constitution's Interstate Extradition Clause, which thus allows Bail Agents simply to seize a defendant and transport him over state lines without notifying any public official of the arrest..

 "Be aware that certain States are not Bail Agents friendly and will not allow you to return your fugitive back"

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State of New York- Bail Enforcement Agent's Law

At any time a surety may take a principal into custody at any place in the state and by written authority on a certified copy of the bail bond may empower any person over 20 to do so. ( Crim. Proc. Title P, Div, 3, art. 530.80 & 540) UCEA

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  1. New Legislation – 1999 New York Assembly Bill No. 1432, New York 223rd Annual Legislative Session (FULL TEXT – STATE NET) VERSION: Enacted Version Date November 21, 2000. AN ACT to amend the general business law, in relation to the licensing and conduct of the business of bail enforcement agent

Section 8. The general business law [FN1] is amended by adding a new section 74-a to read as follows:

<<+ Section 74-a. Notification

Prior to taking or attempting to take into custody a person, a Bail Enforcement Agent shall notify a local law enforcement agency having jurisdiction over the area in which the person is believed to be located of such bail enforcement agent's intentions. The notification shall be provided on a form prescribed by the local law enforcement agency. Notwithstanding, the form shall include information including but not limited to name, address, local address and motor vehicle registration of said agent. The local law enforcement agency in prescribing such form may consult with the division of criminal justice services. A representative of a local law enforcement agency may accompany a Bail Enforcement Agent when the Bail Enforcement Agent enters what is believed to be an occupied structure to search for or to apprehend a person. N.Y.S.  LAW.

 Bail Enforcement Agents in our State are regulated by the  New York State Division of licensing services.

         Please we do not want Renegades in our business . get the training and licensing needed and we will all maintain  high standards..

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