California Bounty Hunting Laws
How to Become a Bounty Hunter Practicing Fugitive Recovery as a Bail Enforcement Agent
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BAIL BOND MOTION LAW

 

ADVANCED BOUNTY HUNTING


Call the Bailspeak Registrar for Enrollment Information


at 1-877-726-9092

 

PART 2. OF CRIMINAL PROCEDURE [681. - 1620.]

 

( Part 2 enacted 1872. )

 

TITLE 10. MISCELLANEOUS PROCEEDINGS [1268. - 1424.]

 

( Title 10 enacted 1872. )

 

CHAPTER 1. Bail [1268. - 1320.5.]

 

( Chapter 1 enacted 1872. )

 

 

ARTICLE 7. Forfeiture of the Undertaking of Bail or of the Deposit of Money [1305. - 1308.]

 

( Article 7 enacted 1872. )

  

Penal Code 1305

 

(a) A court shall in open court declare forfeited the undertaking of bail or the money or property deposited as bail if, without sufficient excuse, a defendant fails to appear for any of the following:

 

(1) Arraignment.

(2) Trial.

(3) Judgment.

(4) Any other occasion prior to the pronouncement of judgment if the defendant’s presence in court is lawfully required.

 

(5) To surrender himself or herself in execution of the judgment after appeal.

However, the court shall not have jurisdiction to declare a forfeiture and the bail shall be released of all obligations under the bond if the case is dismissed or if no complaint is filed within 15 days from the date of arraignment

.

(b) If the amount of the bond or money or property deposited exceeds four hundred dollars ($400), the clerk of the court shall, within 30 days of the forfeiture, mail notice of the forfeiture to the surety or the depositor of money posted instead of bail. At the same time, the court shall mail a copy of the forfeiture notice to the bail agent whose name appears on the bond. The clerk shall also execute a certificate of mailing of the forfeiture notice and shall place the certificate in the court’s file. If the notice of forfeiture is required to be mailed pursuant to this section, the 180-day period provided for in this section shall be extended by a period of five days to allow for the mailing.

 

If the surety is an authorized corporate surety, and if the bond plainly displays the mailing address of the corporate surety and the bail agent, then notice of the forfeiture shall be mailed to the surety at that address and to the bail agent, and mailing alone to the surety or the bail agent shall not constitute compliance with this section.

 

The surety or depositor shall be released of all obligations under the bond if any of the following conditions apply:

 

(1) The clerk fails to mail the notice of forfeiture in accordance with this section within 30 days after the entry of the forfeiture.

 

(2) The clerk fails to mail the notice of forfeiture to the surety at the address printed on the bond.

 

(3) The clerk fails to mail a copy of the notice of forfeiture to the bail agent at the address shown on the bond.

 

(c) (1) If the defendant appears either voluntarily or in custody after surrender or arrest in court within 180 days of the date of forfeiture or within 180 days of the date of mailing of the notice if the notice is required under subdivision (b), the court shall, on its own motion at the time the defendant first appears in court on the case in which the forfeiture was entered, direct the order of forfeiture to be vacated and the bond exonerated. If the court fails to so act on its own motion, then the surety’s or depositor’s obligations under the bond shall be immediately vacated and the bond exonerated. An order vacating the forfeiture and exonerating the bond may be made on terms that are just and do not exceed the terms imposed in similar situations with respect to other forms of pretrial release.

 

(2) If, within the county where the case is located, the defendant is surrendered to custody by the bail or is arrested in the underlying case within the 180-day period, and is subsequently released from custody prior to an appearance in court, the court shall, on its own motion, direct the order of forfeiture to be vacated and the bond exonerated. If the court fails to so act on its own motion, then the surety’s or depositor’s obligations under the bond shall be immediately vacated and the bond exonerated. An order vacating the forfeiture and exonerating the bond may be made on terms that are just and do not exceed the terms imposed in similar situations with respect to other forms of pretrial release.

 

(3) If, outside the county where the case is located, the defendant is surrendered to custody by the bail or is arrested in the underlying case within the 180-day period, the court shall vacate the forfeiture and exonerate the bail.

 

(4) In lieu of exonerating the bond, the court may order the bail reinstated and the defendant released on the same bond if both of the following conditions are met:

 

(A) The bail is given prior notice of the reinstatement.

 

(B) The bail has not surrendered the defendant.

 

(d) In the case of a permanent disability, the court shall direct the order of forfeiture to be vacated and the bail or money or property deposited as bail exonerated if, within 180 days of the date of forfeiture or within 180 days of the date of mailing of the notice, if notice is required under subdivision (b), it is made apparent to the satisfaction of the court that both of the following conditions are met:

 

(1) The defendant is deceased or otherwise permanently unable to appear in the court due to illness, insanity, or detention by military or civil authorities.

 

(2) The absence of the defendant is without the connivance of the bail.

 

(e) In the case of a temporary disability, the court shall order the tolling of the 180-day period provided in this section during the period of temporary disability, provided that it appears to the satisfaction of the court that the following conditions are met:

 

(1) The defendant is temporarily disabled by reason of illness, insanity, or detention by military or civil authorities.

 

(2) Based upon the temporary disability, the defendant is unable to appear in court during the remainder of the 180-day period.

 

(3) The absence of the defendant is without the connivance of the bail.

 

The period of the tolling shall be extended for a reasonable period of time, at the discretion of the court, after the cessation of the disability to allow for the return of the defendant to the jurisdiction of the court.

 

(f) In all cases where a defendant is in custody beyond the jurisdiction of the court that ordered the bail forfeited, and the prosecuting agency elects not to seek extradition after being informed of the location of the defendant, the court shall vacate the forfeiture and exonerate the bond on terms that are just and do not exceed the terms imposed in similar situations with respect to other forms of pretrial release.

 

(g) In all cases of forfeiture where a defendant is not in custody and is beyond the jurisdiction of the state, is temporarily detained, by the bail agent, in the presence of a local law enforcement officer of the jurisdiction in which the defendant is located, and is positively identified by that law enforcement officer as the wanted defendant in an affidavit signed under penalty of perjury, and the prosecuting agency elects not to seek extradition after being informed of the location of the defendant, the court shall vacate the forfeiture and exonerate the bond on terms that are just and do not exceed the terms imposed in similar situations with respect to other forms of pretrial release.

 

(h) In cases arising under subdivision (g), if the bail agent and the prosecuting agency agree that additional time is needed to return the defendant to the jurisdiction of the court, and the prosecuting agency agrees to the tolling of the 180-day period, the court may, on the basis of the agreement, toll the 180-day period within which to vacate the forfeiture. The court may order tolling for up to the length of time agreed upon by the parties.

 

(i) As used in this section, “arrest” includes a hold placed on the defendant in the underlying case while he or she is in custody on other charges.

 

(j) A motion filed in a timely manner within the 180-day period may be heard within 30 days of the expiration of the 180-day period. The court may extend the 30-day period upon a showing of good cause. The motion may be made by the surety insurer, the bail agent, the surety, or the depositor of money or property, any of whom may appear in person or through an attorney.

 

(k) In addition to any other notice required by law, the moving party shall give the prosecuting agency a written notice at least 10 court days before a hearing held pursuant to subdivision (f), (g), or (j), as a condition precedent to granting the motion.

 

(Amended by Stats. 2012, Ch. 129, Sec. 1. Effective January 1, 2013.)

 

 

Rewritten from the California Penal Code

 

www.penalcode1299.com

california fugitive recovery agents

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HOW TO CLOSE BAIL JUMPER CASES

WITH A KEYBOARD AND MOUSE

 

ADVANCED 20 HOUR BAIL AGENT PRE LICENSING


Please Feel Free to Call 1-877-726-9092 for Class Enrollment Information

 

Bailspeak CDI Approved Bail Law and Motion Bail Agent Pre Licensing and Continuing Educational Samples of real motions, petitions (that actually worked in court as argued by Rex) to exonerate forfeited bonds and much more information critical to Advanced Bounty Hunting by Fugitive Recovery Agents, Bounty Hunting Bail Agency Owners, and in house Bail Enforcement Agents.

 

Extra Subjects Covered in this Hyper-Advanced Fugitive Recovery Course:

 

·         Bail Motion to Release Confidential Government Records

·         PC 1305(a)(5) Bail Motion to Vacate Forfeiture and Exonerate Bail Bond

·         Contract Law Based Motion to Exonerate Bail Bond

·         PC 1305 (d)(1) & (2) Motion to Exonerate Bail Bond Forfeiture

·         PC 1305 (b)(1) Bail Motion to Exonerate Bail Bond

·         PC 1305.4 Bail Motion to Extend Time

·         PC 1305 (c)(2) Bail Motion to Exonerate Bond

·         PC 1305(c)(3) Motion to Exonerate Forfeited Bail Bond

·         PC 1305(c)(4) Bail Motion to Exonerate Bond

·         PC 847.5 Bail Petition

·         Bail Motion Proof of Personal Service

·         2 Replies to Bail Motion Opposition to Discharge Forfeiture and Exonerate Bond

 

MOTION TO EXONERATE FORFEITED BOND SAMPLES HERE

 

SCROLL DOWN TO READ CALIFORNIA BAIL MOTION LAWS

“Great Class!  Everything!  Mostly law & PC.  Everything was perfect.  Thanks Rex!  I learned a lot!”

 

“Penal codes!  He [Rex] was very knowledgeable.”

 

“All of the stories and insight.  Great job!!  So much more to this industry than answering phones and signing paperwork.”

 

“All around I liked everything.  It was very pleasant to listen to my instructor Rex speak and appreciate his time and knowledge.  And how he explains everything to me.”

 

“The course was fun and opened my eyes to how the industry really works.  Nothing like TV!”

 

“Scenarios given to groups to work out.  The material was up to date and relevant.  Instructor engaged the class, information was not solely focused on one area.”

 

“Great instructor, supersedes all previous training I have taken in the past.  The way he chose to teach.  He didn’t just read the books and codes, but used good examples and interacted well.”

 

“The upbeat vibe, and the manner in which material was presented.”

 

“Instructor was very knowledgeable.  Everything was good!”

“Personal stories!”

 

“Not what I expected!  Impressed with material even after I previously researched instructor and school.  Money well spent.  Stories to backup codes and court presentation.”

 

“The method of how it was taught.  Thank you for all info including non course required info!”

 

“Instructor was energetic and engaging.  Rex was great.  Knows what he is teaching and very confident with his teaching style.”

 

“That Rex had a good way of explaining subjects.  Kept class active.”

 

“Everything was new to me and the examples and real life stories.  Great class!”

 

“Good pace, instructor personable and caring.  Thank you for sharing your personal experience with us.”

 

“Examples of experience to explain point of law.”

 

“I learned a lot about law and it taught me a lot of things in 3 days.”

 

“Coming in with absolutely no knowledge on bail or bounty hunting – all information was great.  Great course!”

 

“Exciting, peaks a lot of interest from a business mindset to gaining knowledge about law.  I liked everything.  It would be an honor to be under Rex’s wing as I learn and work in the field, like a Mentor.”

 

“Course is made to get everyone to pass the test.  Very knowledgeable instructor.”

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BAIL FORFEITURE MOTION TO EXONERATE BAIL BOND TRAINING SCHOOL

 

The following goes to Bailspeak’s unique method of CDI Approved instruction supported by proven results and reproducible results based on timely and relevant real-time experience in California’s Superior Courts.

 

“I have just read the transcript of Rex's recent court appearance, and I found it to be a prime example of a Monday Bail Motion class at Bailspeak.

 

Not only is the content relevant with what is going on with the Court's and Laws today, it is a wonderful example of how consistent the Bailspeak instruction is - literally in bail.

 

I have watched Rex educate in regards to the appearance of bail agents in court, bail laws, motions and ethics. The transcript is yet another example of how what Rex teaches is what he practices time and time again both in his motion work and in open court.

 

I highlighted every single bail law, CA Code of Civil Procedure, CA Penal Code, etc and was amazed at how relevant and on point what is taught in class prepares bail agents and bounty hunters for real world motions and court proceedings.”

 

~ Bail Bond Company Owner and Bounty Hunter

 

***

 

“I have known and learned from Rex for years. I have watched Rex demonstrate how he argues motions in open California Superior Courts, and after reviewing a recent court transcript, none of what Rex shares in Bailspeak classes is exaggerated; it’s real!

 

This case I just reviewed, I had been waiting for the outcome! Rex and I discussed the particulars of the motions; I read his moving papers and was excited to see the outcome. My quick response to Rex, after he shared the transcript with me was EPIC. All of the points and laws that Rex used in his arguments are things covered on Bail Law and Motion Monday!!!”

 

~ Bail Bond Company Owner and Bounty Hunter

 

***

 

"Yesterday, I filed my first 1305(g) motion in Santa Clara County that I actually drafted myself. This was not an easy task for being the first one, but it was great experience. Hopefully it will be enough to get the company off their liability. I'm glad I took Bailspeak's motion class because it really helped me know what to do!!!!!

From pre-licensing to modern bounty hunting to street training to actively soliciting to getting cases to bounty hunting liability free to appearing in court on surrenders and motions to now drafting motions, it has been hard, but I owe all of my accomplishments to Bail Speak, Rex, Lion and all of the great advice and guidance from people on this forum!!!! Thank you for everyone's support and assistance."

 

~ Bailspeak Alumnus

 

***

 

"I would like anyone reading this to know one thing. Rex knows this business!I've had the distinct pleasure of apprenticing with, and working side by side with Rex. I can definitely say from firsthand experience that when it comes to working all aspects of a bail recovery case Rex's knowledge is unparalleled, especially when it comes to the legal aspects of avoiding liability. When it comes to being tactical in the field, well let's just say that I wouldn't hesitate to clear a house with Rex as my partner.

With the knowledge I gained through working with Rex I was able to land a position as a full time bail investigator with a major bail agency here in California. If it hadn't been for my association with Rex I wouldn't have had the success I've had so far in the fugitive recovery business. In just four months I've successfully closed out over 50 cases and I've saved my company over a half million dollars in liability. So far, not one of my cases has gone into summary judgment, and I've kept myself free from liability as well, and that all comes from the basics that I learned about this business while working cases with Rex.

What does this mean to you? Well, if you are visiting Rex's website and reading this now, then you obviously have an interest in the fugitive recovery business, and if that's the case then all I can say is....buy Rex's products! They'll be a virtual goldmine for you!”


Thanks Rex!"

Sincerely,
Sam James

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“The instructors were very knowledgeable, helpful & professional.  [I liked the] handout literature.  Excellent course!”

 

“[I liked the] bail motion information.”

 

“[I liked the] direct knowledge of the instructors and samples supporting topics.  Instructors are very knowledgeable.”

 

“[I liked] the bail motion and bounty hunting literature.”

 

“[I liked] the way topics were presented.  The current regulations and changes in bail law.  [This was] a very cool and informational course.  Taught me that personally I need to keep much more up to date with changing laws and information.”

 

“[I liked the] real life scenarios and lectures.  [The course was] lots of fund though very intense!”

 

“Great job!  [I liked] all the information! Enjoyed the class!”

 

“[I liked that class had] a lot of good information on topics that need to be focused on by more than one profession.  I want to work with Rex in the near future.  I want to be an instructor!”

 

“Great!  I would like to take the entire class again in the future!”

 

“[I liked that the class was] very informative.  Instructor has a good sense of humor and made days go by fast.”

 

“Don’t change a thing (other than, of course, keeping everyone up to date as you already do!)  [I liked that] the information was complex but delivered in a fun and easy to understand way.  Thank you!  I wish I could come here all the time.”

 

“[I like the] stories from instructor’s experience.  [The class was] easy to understand.  It would be great if payment for the course included the hotel stay.”

 

“[I liked that] being completely new at this I leave with the knowledge that this is doable if careful care is taken.  The course has a large amount of information that was difficult to ingest and will study hard to learn the material.”

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