Colorado Springs Resident Sues ?Dog? For Defamation

A resident of Colorado Springs has gone to the extent of suing a famous television bounty hunter, who is popularly called Duane “Dog” Chapman. The Colorado Springs man, Hoang Minh Phung Nguyen, has sued the television star and his crew for allegedly making a false complaint against Nguyen and thereby causing him defamation. The crew, including Chapman, had Nguyen arrested in 2009 for allegedly firing a gun at them while they were shooting for an episode of their show at a parking lot in Colorado Springs.

Nguyen’s charge is that he was defamed by his unfair arrest which was tailored by Duane Chapman and his sons, Duane Chapman II and Leland Blane Chapman, along with Bobby Brown, the bail bondsman from Colorado. What’s more, Nguyen alleges that it was in fact him who was injured by the firing of pepper pellets on him by the crew even as he was fleeing in a motorcycle. This incident took place on 21st April, 2009, on which day the crew was filming for an episode in front of the Galley Apartments .

The time was April 2009, and Nguyen himself was under a warrant at that time for not appearing before court in a case of domestic violence lodged against him. A bond of $12,000 was posted by Brown against him. Later when Brown and Chapman handed him over to the police, they arrested him.

Although Nguyen was suspected of a second-degree murder attempt for carrying a dangerous weapon and also being a known offender, the prosecutors had declined to file charges against him after concluding that there was not enough evidence against him. Following this, in May 2009, Nguyen’s lawyer had tried to convince the judge to file a charge of false reporting against Chapman. However the judge had disagreed to that.

Now, a lawsuit has been filed by Nguyen, 37, for the defamation caused to him, which he claims to have him lose his job in Colorado Springs and relocate to Denver. The lawsuit is against Chapman’s company DA Kine Bail Bonds, Inc. and the company that produces “Dog the Bounty Hunter”, the cable TV program, which have been named the defendants. The lawsuit was filed in April 2010 and could culminate in a six-day trial before 4th Judicial District Judge G. David Miller, starting November 28, if the process of mediation fails to create a settlement.

The eminent lawyer of the defendants, Steven D. Zansberg, has rubbished the allegations directed towards his clients, saying that their statements were concerning “matters of legitimate public interest and concern.” He went on to say that Nguyen has to prove that the defendants, while making the statement, knew about its falseness, in full or to a great extent, if he has to recover any damages. Zansberg further remarked that his clients had tried their best to “lawfully apprehend a fugitive pursuant to a valid warrant for his arrest.”

When The Economy Is Depressed, More People Wait In The Pokey

The Economy is Bad For Bail Bondsman Too

The general conception about a bad economy is, if it is bad crime rates go up. But it is not necessarily true. A bondsman doesn’t make a fortune out these circumstances as previously though of. With an exception of a few states crime rates have remained steady. Just like any business the bail bond industry is also hit severely due to this meltdown. Bail bond companies are just like merchants selling products they have to offer and now no one’s buying it.

Normal people like us are afraid of losing there jobs at any moment so they are cutting back on all the expenses. Here bail bonds are no exception. Bail bond companies are simply seeing less business because the people can’t afford it. People have less cash in their pockets which is why if someone gets arrested no one has that amount of cash or collateral to get a bail bond.

So we can see even the bail bond companies are not benefiting in places where the crime rate has increased. People just don’t have the cash or collateral to get themselves released if they are put in jail.

In case of higher bail amounts ranging in the $100-200K area bail bond companies are very much hit as due to the bad economy people with even good jobs are now getting laid off and there homes are being foreclosed.

Not having a job is another issue facing more of the people needing bail.  The fact that employment opprotunities are so bleak is making many think the better of paying high bail bonds amounts to get released.

Now, people never think once of pulling out their credit cards. People prefer to suck it in and stay the tenure of the arrest rather then paying for release. They have other priorities which are far more significant then getting a bail e.g. house rent, groceries. But the situation will gradually improve for the good.

The Best Way To Find Out If There Is An Active Warrant For Your Arrest

Don't Get Caught With Your Pants Down By An Arrest Warrant

An active warrant can’t be stopped as it will eventually take you behind bars. But its effects can be mitigated if you know about the warrant status before hand. Things can be done before the arrest takes place.

There are four steps to find out if you have a warrant active on your name which are as follows.

Did you forget to pay a fine? Check Your Records: When was the last time you checked that you had outstanding warrants? If you want to check that, if there are any warrants outstanding on your name, the worst part is you might not know what wrong have you done to cause the gain of a warrant. It could be due to missing a community service duty or failing to inform that you had attended a particular community service event, unknowingly breaking the traffic rules, forgetting to pay for a parking ticket etc. Even if some one impersonates you by using your identity card and committing an act of offense there might be a warrant on your name.

Visit the local courthouse- One should always go to their local court houses to find out if there is any warrant active on there names. After going through all the records if there is any sign of a warrant being present the officials down there would not bother too much.

Look it up online- The quickest way to find out if you have any warrants is by going online. You can find out your warrant status in a matter if minutes. It is done in a very confidential manner because the records are accumulated from both private and public database. You will never get arrested while using this service as it is completely confidential. No one will ever know that you went with this search to find out about your own warrant status. The advantage of this service is that you can find out about your warrant status even if it is issued at a different court house from your locality.

Ask a police officer: This is usually not recommended, because the policeman is likely to arrest you on site if it turns out there is an outstanding warrant for your arrest. Beforehand, always be sure to get a lawyer in order to arrange for you to turn yourself in. The court will view this with sympathy and as a result tend to show a degree of mercy upon you. Once you know that you have an outstanding warrant you should contact a reliable bail bond agency right away to minimize the time you need to spend in jail.

Steps You Ought To Undertake To Get A Member Of The Family Released From Jail

Release From Jail

Now a days anyone can get in to trouble and as a result of that they can get arrested. I’m sure it has happened to all of us at some point of time in life. But what if your loved ones get arrested. What to do then? The police will first complete the arresting process by going through the booking procedure and then conducting the standard formalities like fingerprinting, photo shooting etc. After the arrest is complete you can apply for a bail.

But first you should find out why your loved one is behind bars. If it is because of a nominal act of felony like a traffic violation then you should ask the arrestee for a cite release. If a cite release is on the cards then the detainee has to cite to the arrestee for a cite release with the promise that he or she will appear in front of court when the hearing takes place.

In order to get the bail bond first you should contact your relative’s attorney if he or she has any and then a bail bond company. After sharing the details regarding the detainee’s background and nature of the crime you should see through if the company is willing to step up. If not go for another company and if so then go on with it. Let the bail bond company post the bail bond.

Arrange a meeting with a bail bond agent and disclose all the information about the detainee and the nature of the crime committed. After assessing the risk if the bail bond agent agrees to help follow what he says.

Observe the whole process from start to finish. Understand the mechanism of the bail bond so that if it happens next time you’ll know what to do. Go through the agreement and the clauses of the documents provided by the bondsman before you loved one signs on it. Make sure all the applications are properly filled up before submission. When the paperwork gets completed your loved one will get released in a matter of few hours.

Asking The Right Questions Can Facilitate In Choosing A Bail Bondsman

Choosing A Bail Bond Company

There are numerous bail bond agents out there. However, choosing the best bail bondsman is not easy. Figuring out what separates a good bail bond company from a bad one is vital in choosing the best professional to suit your needs. If for some reason one ends up behind the bars for a crime committed or not committed, there is a way to come out of jail very soon and without any fuss. This can be made possible by bail bondsman even before the hearing starts.

In most of the states specific qualifications are required to become a bail bond agent. Many states require a minimum qualification of a high school degree. In other states, diploma or degree from high school may not be mandatory. Although in order to get a job as a bail bond agent one needs to pass certain grades.

Bail bond is a document which has legal significance. It is signed by both the defendant and the bail bond agent. The document states that the bail bond agent will make sure that the defendant is present in every court hearings held after the date of release from prison.

There are many bail bond companies out there but choosing a good bail bond agent is not that easy. Thorough research should be conducted before selecting the bail bond agent who suits your needs. If someone ends up in jail it takes a lot of time to complete all the legal formalities of being arrested. Finger printing, retina scan, photo shots and nation wide database searches are conducted. In order to get a quick release, aid of the bail bond agent is required.

Ensure the fact that the bail bond agency you choose is registered with a good business bureau to avert future complications. Go for an experienced bondsman who knows the process of applying for bail bonds through years of work assignments in local prisons and courts. An efficient bondsman will be able to work things out and make sure that the detainee is released in a very short period of time after the arrest takes place.

Tips For Getting The Best Price For A Bail Bond

Negotiation Can Save Money On Bail Bonds

A cite release refers to getting an early release from jail on the detainee's own recognisance.  A citation release requies the persiding judge to order a citation to the arrestee, indicating that he or she must appear on the court on the date of the hearing proceedings.. When the detainee has committed a rather minor act of offense a citation released can be cited.

If a cite release is not available, the judge sets a bail amount that must be paid to get released. Depending on nature of the crime, the amount of bail can be very costly. The defendant could then turn to a bail bondsman to get early release. The bond agent posts the bail bond on behalf of the detainee with the promise that the defendant will re-appear at the time that the next hearing takes place.

There are several bond companies out there in the United States, but each state has its own legislation when it comes to bail bonds. All the bail bond companies out there are state licensed and can only charge bail bonds at state proposed rates. There are only two types of rates when it comes to bail bonds, at 10% and 8%. E.G the California Department of Insurance (CADOI) has set two types of rates in the state of California. Some bail bond companies who are also filed with (CADOI) can charge bail bonds at a special rate of 8%. This rate is the cost of the bail bond.

Most bail bond companies out there will come up with the 10% rate but you should always ask for the 8% premium. But you can only apply for an 8% bail bond if you fulfill a few conditions. The detainee must hire a private attorney to get that 2% discount on the bail amount. Even if the detainee or the co-signer is a veteran or a union member or a soldier of the US Army then he or she is eligible for the 8% premium.

Always go with the payment option which suits you. You'll only benefit, if you clear out your installments within a short time span. You might want to pay the lion share of the installments at the beginning and then pay the balance over a certain period of time. Whatever works for you; you should work it out with your bondsman.

There are very few companies, who actually offer the 8% premium rate but it can be negotiated. Even companies who have the 8% rate bail bond will want to charge you 10%. So start the negotiation with the bondsman by asking for the 8% scheme. You'll save a lot by doing this. E.G. for a $50,000 bail where you had to pay $5000, now you will pay $1000 less just because you negotiated.

What Factors Influence The Price Of A Bail Bond?

Bail Bonds Cost

When a person is arrested, he or she is taken to the local police station and legal formalities are done. This includes processing and booking. Photo shots, fingerprinting, retina scan and nation wide computer database searches are included in this process. This can take a lot of time, only with the exception of smaller jails where it is done very quickly. Only when the arrest process is complete bail can be arranged.

Bail bondsman sometimes asks for collateral so that defendant appears in court as scheduled. Bail bond collaterals are mostly consisted of cash or real estate. After the case is resolved it is the responsibility of the bondsman to return his or her collateral to the defendant.

The basis upon which the bail amount is determined depends upon the gravity of the crime that has been committed. It is not always possible to pay the bail amount. That is when the concept of bail bond comes in. There is a definite process which should be followed if someone wants to avail a bail bond.

Collateral is something the bail bondsman asks for so that defendant appears in court when the hearing proceedings take place. Assets like real estate and cash are paid to acquire bail bond collaterals. After the trial ends the bail bond agent returns the collateral to the defendant. There are bail bond companies who even offer services without taking collaterals. One should always choose a bail bondsman who is experienced and accessible to suit individual unique needs.

California and most of the other states have a 10% cost upfront on the amount of the bail.  Each and every state's legislation over the determination of rates is guided by federal law and they are non-negotiable. Bail bonds in California cost the same as bail bonds in New York. Bail bonds don't include any taxes or hidden fees. E.G if the bail amount is fixed at $10,000, then the cost of the bail is no more and no less by law then $1,000.

Considering The Bail Bond Process

The Bail Bond Process

A person is taken to the local jail when he or she commits an act of offense. The arrest involves lot of formalities which include processing and booking. A lot of time is spent in finishing these formalities which may include photo shots, retina scans, finger printing, nation-wide computer searches. Bigger jails take a lot of time to complete formalities of an arrest.

The bail process can only begin after the arrest formalities have ended. By paying the bail amount the detainee can get released. The bail system is a very effective one as it ensures that the offender appears when the hearing proceedings take place. If the detainee fails to appear in front of the court on the day the hearing is held he or she becomes a fugitive. In this kind of scenario the bondsman has to pay the whole bail amount and is forced to employ a bounty hunter to catch the fugitive.

The process starts when the detainee or a relative or friend or attorney of the detainee contacts the Bail Bonds  company. Information collection happens in the initial meeting where the company asks for information regarding where the detainee is held, duration the detainee has spent up till that point, detainee’s profession and place of work, residential address, charges for which he is being held behind bars etc. This meeting is conducted to find out the risk involved in granting a bail for that individual.

Once the decision has been made by the   company to use a  , the official signing of the documents take place. The documents include an application of the bail, a bail indemnity document and a final receipt.

After the paperwork is done the signed documents are sent to the court with the promise that the whole bail amount will be paid by the bail agent if the defendant fails to appear when the hearing takes place. Within a time span of couple of hours all the processing work is completed and the detainee gets released.

How Does The California Three Strikes Law Work?

How The California 3 Strikes Law Works

From the early 90’s United States started to enact compulsory laws for repeated criminal offenses committed by convicts. These statutes came to be known as three strikes law because they were imposed when the offender committed there third act of crime. Half the United States and the federal government had legislated the three strikes law by 2003.

The California three strike law runs a very repressive course as an offense like minor felony and even non violent drug offense can result in life imprisonment. This law affects the African American and Latino’s more than the white’s as they are likely to get condemned for life by it.

This legislation got nation-wide attention in 1994 when the people of California voted for its activation. This meant that offenders committing a third act of felony will be put behind bars for at least 25 years to a maximum period of life time sentence. Second time offenders had to serve double of what the minimum sentence term was. Though this has attracted a lot of critics, people of California have supported the true potential of this legislation. Crime rate has plummeted on a colossal scale since the 90’s only because this law was enacted. Although there are examples where it can be seen that African Americans and Latino’s are disproportionately affected by this legislation.

Under the California Three Strikes Law if a person is convicted for felony and it just so happens that this person has been caught committing a criminal offense twice before then he or she will be imprisoned for a minimum period of 25 years. Although there are instances where on the last strike criminals have desperately tried to escape the police which intern has resulted in probable attacks. Someone serving term for getting a second or a third strike must complete 80% of the sentence before being eligible for an early release. Convicts with no previous strike records serve half the sentence period if the nature of the crime is non violent.

In 1999 the Supreme Court refused to hear a challenge to the California’s three strikes law brought by a felon who was sentenced to 25 years to life for stealing a bottle of vitamins. It was decided by the Justice that the lower courts should deal with this law properly before they are taken to the Supreme Court.

How The Bounty Hunter Industry Came To Be

How did bounty hunters come into business and why did it become legal? It all started in England hundred years ago. As a matter of fact, during the 13th century a person acts as a bail and not any amount of money.

That person may be assigned as custodian of the accused and when the accused did not appear to face his or her penalty, the custodian is destined to take the punishment.

It is the England’s bail system that governed America during those colonial times. Monetary bail was first implemented in 1679 when the British Parliament passed the Habeas Corpus Act which allows the accused person to be easily released from prison on monetary bail. In fact, prisoner can even be discharge from his or her imprisonment with just a small bail as possible. To further elaborate the process, the Lord Chancellor or the one who acts as judge opts the release of the accused, accepting the amount agreed to be paid for in relation to the misdeeds of the defendant and given, that the defendant is always present during court proceedings.

Numerous laws have been revised and implemented but the legal bond is still there giving birth to more bounty hunters and bail bond agents. The fugitive recovery agents or the bounty hunters are more empowered to track down criminals trying to escape from the state. With the special authority given to them, they can easily break into the residence of the criminals if the situation warrants it. This allows them to easily detain the fugitives. The bail bondsmen in turn can provide a speedy release to the prisoner as long as there is an agreement that the defendant will be present during the court trials as scheduled.

The history of these two different professions may be a great paradox in the eyes of the law since the bail bondsman work to get the person out of jail as quickly as possible while the bounty hunters ensure that the fugitives stays inside the jail.

Learn More About Bail Bonds ANd Bounty Hunters