CA Bail Bond Motion Samples
Department of Insurance Approved Pre Licensing


“I have not lost a single motion since I took [Bailspeak’s Bail Motion class], and I am also winning motions to extend time, because of [Rex’s class], when others there [in Court] are not getting [granted bail motions] theirs.  I tell everyone if they want to win motions then take Rex’s [California Department of Insurance Approved Bail CE for six hours] class.”

 

-Veteran Bail Bond Company Owner & Private Bail CE Bondsman


SCROLL DOWN TO VIEW BAIL BOND MOTION SAMPLES

Bail_Bond_Motion_Prelicensing_6_hour_Bail_CE.jpg20_Hour_Prelicensing_Motion_to_Exonerate_Bail_Bond_CE.jpgBail Bond Motion Exonerate Continuing Education

Motion to Exonerate Bail Bond ~ California Bail Motions That Worked!  The Time to Learn Bail Law & Motion is Before Forfeitures are Ordered.  California Department of Insurance Approved for 6 Hours Bail CE.  Call the Registrar for Class Enrollment Information at 1-877-726-9092

 

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

 

·         Bail agent attempts to surrender defendant in court with negative results.

·         The defendant cannot be found.

·         The Court puts off arraignment, thus effectively nullifying the 15-day rule.

·         The People do not file a complaint, and the Court refuses to exonerate bond.

    

In this Bailspeak continuing bail education class handout sample, Moving Parties Argue:

 

·         Penal Code Law

·         Government Code

·         Impossibility of Performance

·         Governmental Interference

·         Contract Law Argument

·         Why returning premium, pursuant to PC1300 (b) does not apply

·         On-Point Case Law inclusion with language

 

Outcome of Filed Instant Matter: The People file Non-Opposition and bond is exonerated.

 

$50.00

 

Shipping and Handling Included


 

·         2-Page Notice of Motion

·         9-Page Memorandum of Points and Authorities

·         5-Page Declaration in Support of Motion





Contract Law Based Motion to

Exonerate Bail Bond

 

·         $150,000.00 Bail Bond Posted for One (1) Charge

·         DA later adds 5 more Serious Charges

·         Defendant Takes Unlawful Flight to Iran

·         Bond is ordered Forfeited

·         Real Property Collateral is worthless

·         Bail Attorney sees no Motion

 

In this Bailspeak 20 Hour Bail Prelicensing

Class Handout


Moving Party Argues:

 

·         Bail Agent’s Right to Appear

·         Factual Background

·         Surety Bond is a Civil Contract

·         Star Decisis re altered contracts

·         Impossibility of Performance

·         Voided Contract No Arrest

·         Object of Bail

·         Reasonable Bondsman

·         Conclusion


 

Outcome: Forfeiture Vacated Bond Exonerated


Pursuant to "Triple Attack Theory" and

Application of Bounty Hunting




  • 2-Page Notice of Motion
  • 10-Page Memorandum of Points & Authorities
  • 4-Page Declaration in Support of Motion
  • 12-Pages of Exhibits
  • 4-Pages Proof of Personal Services

  



Faxed $75.00
Shipped $85.00


 





Contract Law Based Motion to Exonerate

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

  • The Defendant is booked in another county on a separate case.
  • The Defendant FTAs and the Bond is Forfeited
  • Agent for the Surety Files and Serves Motion

In This Bailspeak 20-Hour Pre-Licensing Bail Motion, this Class Handout Sample includes the Following Arguments from the Surety:

  • Moving Parties [Critically Important]
  • Jurisdictional Nature of PC 1305
  • Factual Background [Stay On-Point]
  • Impossibility of Performance
  • The Forfeiture Should be Vacated by Operation of Law
  • Discussion (Inclusive Dispositive)
  • Conclusion

$99.99

22-Pages Total

Shipping & Handling Included

  • 2-Page Notice of Motion
  • 8-Page Memorandum & Points of Authorities
  • 3-Page Declaration in Support of Motion
  • 1-Page Request for Judicial Notice plus sample Exhibits
  • 2-Page Verification [Critical for 2013 Going Forward]



 

PC 1305 (b)(1) Bail Motion to

Exonerate Bail Bond


A court clerk fails to mail the Notice of Forfeiture within 30-Days.


In this Bailspeak Continuing bail education class handout sample, moving parties argue:


  • Jurisdictional Nature of PC 1305
  • Factual Background
  • Bond Should be Exonerated by Operation of Law
  • Civil Code of Procedures
  • Sufficient Evidence Test
  • Nunc Pro Tunc prohibitions
  • Dual Personality
  • Extrinsic Fraud


Outcome of Filed Instant Matter: Non-Opposition Filed

$40.00

Shipping and Handling Included



  • 2-Page Notice of Motion
  • 8-Page Memorandum of Points and Authorities
  • 2-Page Declaration in Support of Motion


 

PC 1305.4 Bail Motion to Extend Time


Bail bond motions to extend now require a variety of elements, according to recent published case cites.


Bail Fugitive Recovery Persons may be asked by a bail agent to produce a Declaration based on personal knowledge in support of a bail bond Motion to Extend Time.


This 12-Page Hard Copy Informational Packet includes the Notice of Motion, Memorandum of Points and Authorities, and Declaration in Support of Motion.

$30.00


Shipping & Handling


Included


 

 

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“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!”

 

A recent law change altered the California Penal Section that legally allowed “the bail agent” to “appear in person” and argue a bail bond motion in open court; moreover, the California Legislature added new language wherein other notice required by law is a condition precedent to granting the motion.”


Why does including these required notices with your bail bond motion matter?


See the new law change above to frame your questions for legal counsel. 

 

      These class samples include:

 


  • Request for Judicial Notice re exhibits
  • Verification re exhibits

 

3 Pages Total

 

Ship or Fax

PC 1305 (c)(2)

Bail Motion to Exonerate Bond


Your client failed to appear, was arrested on the underlying charge, and then released without first appearing in court and without notifying you.


Memorandum of Points and Authorities contains Moving Parties, Factual Background, The Forfeiture Should be Vacated by Operation of Law, Argument, The Object of Bail, The Reasonable Bondsman, Discussion, and Conclusion.



PC 1305 C 2 Bail Motion to Exonerate



This 10-Page Hardcopy Informational Packet includes:


  • Notice of Motion
  • Memorandum of Points and Authorities
  • Proofs of Personal Service
  • Order After Hearing

PC 1305(c)(3)

Motion to Exonerate Forfeited Bail Bond


Your client was booked outside the county where the bond originated.


Memorandum of Points and Authorities contains Party, Statement of Facts, Statement of Law, Discussion, Reasonable Bondsman, and Conclusion.



 

PC 1305 C 3 Bail Motion to Exonerate


This 9-Page Hardcopy Informational Packet includes:

  • Notice of Motion
  • Memorandum of Points and Authorities
  • Declaration in Support of Motion
  • Order after Hearing


PC 1305(c)(4)

Bail Motion to Exonerate Bond


A court forfeits a bond, fails to comply with Due Process, fails to notify the bail agent, reinstates and then forfeits again.


Memorandum of Points and Authorities contains Party, Statement of Facts, Statement of Law, Reinstatements, Due Process, Nunc Pro Tunc Orders, The Object of Bail, Reasonable Bondsman, Discussion, and Conclusion.




PC 1305 C 4 Bail Motion to Exonerate



This 13-Page Hardcopy Informational Packet includes:


  • Notice of Motion
  • Memorandum of Points and Authorities
  • Declaration in Support of Motion

PC 847.5 Bail Petition


It may be a crime to apprehend a bail fugitive in California who has jumped bail from another State without first obtaining a signed Petition from a judge in the county where you think your bail fugitive is.


See the video on how to ask a court for this petition at the top of this bail education page.



 
PC 847.5 Petition to Arrest Non California Fugitive



This 5-Page Hardcopy Informational Ex Parte Petition includes suggestions for all the elements necessary to request a signed PC 847.5 Petition.


It is the law.

Bail Motion Proof of Personal Service



Proper Proof of Personal Service is critical when moving a court on a bail bond motion. Your motion could be taken off calendar if opposing party or parties is not properly served.


See California Civil Code of Procedures for more information on Timely Filings and learn how personally serving opposing parties may be preferable to Proof of Service by Mail.

Proof of Personal Service 4 Samples


This 4-Page Hard Copy Informational Packet contains four separate examples of proven Personal Proofs of Service forms.

Bail Motion to Release Confidential Government Records

 

Some sheriff's will not release booking photos without a bond first being forfeited, and some court clerks remove critical information from court files.

 

 

The Memorandum of Points and Authorities contains:

 

·         Preliminary Statement, Bail Arrest Law, Bail Definitions

·         Argument - Court is Statutorily Authorized to Grant this Motion

·         Moving Party Becomes Jailer

·         Parity with Law Enforcement

·         Discussion and Conclusion

 

Denial of request may result in impossibility of performance argument in future motions.

 

Motion to Release Confidential Government Records


This 10-Page Hardcopy Informational Packet includes the Notice of Motion, Memorandum of Points and Authorities with published case cites, Penal Codes and Government Codes in support of argument to move a court.

2 Replies to Bail Motion Opposition to

Discharge Forfeiture and Exonerate Bond


Deputy district attorneys and county counsel attorneys are increasingly opposing bail bond motions.



 

2 Opposition Reply Memos


This 10-Page Hard Copy Informational Packet includes two separate Replies to two separate Motion oppositions in two separate counties.

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"I love all the experience that Rex brought."


“The manner of which the information was presented and designated throughout the 3 days was excellent.  I had no prior knowledge in this career and was able to keep up.  Very educational and informative.”

 

“Loved the handouts and slides.  Very great instructor.”

 

“I appreciated the different learning styles used in class.  New to industry, I did my research and Rex is Legit!”

 

“Very Professional!”

 

“Helps you understand Bail/Bounty Hunting.  Thank you!”

 

“Great examples and stories for each topic.  The instructor’s method of teaching.  I appreciate that Alumni can contact Rex and ask questions later.”

 

“I liked the real-life scenarios/examples presented and how they were tied into the material.”

 

“Very good I learned a lot.  Examples and personality of instructor made the time go by quickly, but learned at the same time as having a great time.”

 

“The breakdown of the subject.  Great teacher.”

 

“Very helpful, as well as informative for my exam.  Kept my attention, very interesting.  Everything was great!  Thank you for helping me understand bond & bounty process.”

 

“Material was new to me!  I learned a lot!”

 

“Informative with current agenda.”

 

“good real life scenarios, very good.  Very thorough & well informed.” 

 

“The stories and how they related to what was being taught.  I was able to understand it better.”

 

                      Advanced Bail Bonds and Bounty Hunter Training on Bail Bond Motion Studies Now Held in: Sacramento, Modesto, San Jose, Los Angeles County, Riverside County, Ventura County, San Diego County, and by Private Order at Bailspeak's undisclosed private training sites in Roseville, Glendale, and Sacramento.

 

Motion to Exonerate vs. Return of the Bounty Hunter

 

Opinion Editorial by Rex Venator


Not too long ago, taking action to get a forfeited bond exonerated was largely left to the devices and machinations of bail bonds people and their bounty hunters, but the times and tolerances of local governments are changing insofar as I can see.

A prime example lies within the process to move a court with a bail bond motion and all of the parts that go with moving papers. For example, courts used to take for granted that people who drafted moving papers and the ones who showed up for bail motions were being truthful and that was that in many cases; moreover, the laws regarding who may lawfully appear have been in place and largely overlooked.

Today, I am informed and believe that there may very well be cases where people, who grew accustomed to playing around in the gray areas of the bail bond motion process, have been blindsided by the consequences of doing so inasmuch that California is broke and looking for revenue streams. The interesting part here is that the courts are simply enforcing some of the rules and laws that have always been in place.

Of notable interest are the retroactive results of hindsight investigations into whether or not formerly granted bail motions were properly granted in the first place. If not, then there are some people who may be financially hurt or even ruined by playing games with the courts.

Every piece contained within every part of moving papers must be done correctly. By parts I mean not only the traditionally filed documents but the sub-documents must also be correct and then supported by proof correctly and along with a bunch of other rules that have to be followed.

The plain and simple fact of becoming a bounty hunter who is asked to produce declarations and spot technicalities, or to become a bail bonds company owner is that you must understand the bail motion process not only to be competitive but to survive and thrive in the bail bonds business."

My strong suggestion at this time if you do not know how to move a court is to hire an attorney who practices with an emphasis in bail law. If you cannot afford an attorney then it may be well worth the time and effort to seek out training and education on the subject matter raised above.

 

The Below Video Shot in 2003
Opinion Editorial Posted on January 3, 2011
California Appellate Court Responds

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Bail Motions are Not, However, Bullet Proof, so heretofore we arrive at the


RETURN OF THE BOUNTY HUNTER

Can Independent Bounty Hunter Contractors who are not Licensed Bail Agents Draft and Appear on a Bail Bond Motion for Sole Proprietorships or Bail Bond Corporations?

 

Opinion Editorial & Analysis

 

By Bailspeak’s Primary Bail Education Instructor, Rex Venator

 

The following is based on my personal, layman’s opinion as a private citizen who is simply observing his civic duty.

 

I thought to follow up and add that the prior email on bounty hunters drafting moving papers and appearing in court for a bail bond surety isn’t applicable, in my personal opinion, with a licensed bail agent, appointed as an agent by the real party in interest bail bond surety moving a court, drafting and appearing under penal code law—so long as the bail agent is appearing for a sole proprietorship and not a bail bond corporation.

 

It is my personal, layman’s opinion that Penal Code §1305 subsection j does allow for “the bail agent” to draft and appear for an unincorporated bail bond company when he or she is appointed by the surety upon which the bond was written.

 

It is my personal, layman’s opinion that Penal Code §1305 subsection j carries greater weight and is deemed controlling over Business and Professions §6125 for the purposes of bail agents drafting and appearing on instant, civil matters injected into an existing criminal matter before a superior court.

 

There are published case cites, however, where the Civil Code of Procedures has sections that are controlling over certain Penal Code, bail related sections, but, for the purposes of this personal opinion analysis, bounty hunters who are not licensed bail agents and appointed by the surety do not have standing under Penal Code §1305 subsection j to draft and appear in superior court and are subject to Business and Professions §6125 penalty—in my personal, layman’s opinion.

 

It is my personal, layman’s opinion that the curiously lamented reference to an obscure California Civil Code of Procedure section that allows for a bounty hunter “surety insurer” to draft and appear in court is seriously flawed and fatal to any bounty hunter’s argument to the extent that Civil Code of Procedure 995.120 subsection a and b defines a “surety insurer” in part as follows: “‘Admitted surety insurer’ means a corporate insurer or a reciprocal or interinsurance exchange to which the Insurance Commissioner has issued a certificate of authority to transact surety insurance in this state, as defined in Section 105 of the Insurance Code,” “For the purpose of application of this chapter to a bond given pursuant to any statute of this state, the phrases ‘admitted surety insurer,’ ‘authorized surety company,’ ‘bonding company,’ ‘corporate surety,’ and comparable phrases used in the statute mean "admitted surety insurer" as defined in this section.”

 

Whereas, it is my personal, layman’s position that a bounty hunter appearing for a bail bond company as an independent contractor is, arguably, not drafting and appearing as an agent for the surety in any capacity and in such instances the matter in question then defaults to Business and Professions §6125 primarily because one well established structure of bail agents appearing for their own non-incorporated bail companies in superior courts reverts to another dictum based structure where, plainly stated, a private citizen—not even a corporate officer of the surety, which is also not applicable for the purposes of this personal, layman’s analysis—is somehow not even appearing in propria persona for the corporation and is likened to any person simply walking in off the street not to self-represent but to represent an entity that he or she isn’t even a corporate officer or shareholder of and all of which is because the bounty hunter is not a licensed bail agent who is appointed as an agent for any surety.

 

Consequently and in my personal, layman’s opinion, judicial action predicated on the unlicensed practice of law subjects the victims of a crime to collateral attack by county governments insofar that previously granted bail bond motions may be reversed at any time, thus causing the potentiality of tremendous harm to the parties of a private civil bail bond contract specifically and the California Bail Industry generally once a court loses jurisdictions to even consider repairing the damage irrespective of remedies buried in ancillary codes.

 

Furthermore, while California Penal Code §1305 subsection j allows for a surety appointed bail agent licensed by the California Department of Insurance to draft and appear for an unincorporated bail agency, there is no known statutory allowance for a corporate surety to unilaterally circumvent numerous related sections and in numerous applicable California Codes by summarily authorizing a common bounty hunter to practice law for a corporation—in my personal, layman’s opinion.

 

The civil and criminal liability may be further compounded, apart from a the unlawful practice of law by a common bounty hunter, if facts-in-evidence reveal that an attorney for a corporation, who is a lawyer, authorized the unlawful practice of law since exceptions may not be controlling over other California Codes—in my personal opinion.

 

In addition to the above paragraph, it may be a misdemeanor crime for any person to intentionally deceive or collude to deceive a court or any party by making oral arguments under Oath or by submitting any document that causes a court or person to believe that a common bounty hunter may practice law separate and apart from established law to the extent that any attorney who provides such evidence or document or opinion may knowingly be faced with a criminal charge, fine and, possibly, disbarment.

 

To be succinct in the interest of brevity, in my personal, layman’s opinion, a bounty hunter working as an independent contractor for a bail bond company is disallowed to appear under Penal law; moreover, Civil Code of Procedures does not apply because in the absence of Penal law applications the bounty hunter is then personally appearing for an incorporated surety where, arguably, said bounty hunter is engaging in the “unlicensed practice of law;” indeed, a corporation is not a natural person and cannot appear in propria persona; it can only appear through counsel with the exception of sending a corporate representative to small claims under Code of Civil Procedure section 116.510.

 

References

 

Thus California today defines law practice as providing “legal advice and legal instrument and contract preparation, whether or not these subjects were rendered in the course of litigation.” Birbower, Montalban, Condo & Frank, P.C . v Superior Court., supra, at 128. Providing legal advice or service is a violation of the State Bar Act if done by an unlicensed person, even if the advice or service does not relate to any matter pending before a court. (Mickel v. Murphy (1957) 147 Cal.App.2d 718, 721.)

 

The lead case on this is Paradise v. Nowlin (1948) 86 Cal.App.2d 897. Subsequent cases have affirmed its holding that corporations cannot appear pro per for three distinct reasons: (1) any representative sent on behalf of the corporation would be engaged in the unauthorized practice of law; (2) the rule ensures that qualified professionals will appear in court, thereby increasing the efficient and proper administration of justice; and (3) the distinction helps to maintain the wall between the corporation as an entity and its individuals shareholders, directors, and officers. (Id.; see also CLD Construction, Inc. v. City of San Ramon (2004) 120 Cal.App.4th 765, 773.)

 

A corporation is not a natural person, and therefore cannot appear in an action in propria persona. It can appear only through counsel. (Merco Construction Engineers, Inc. v. Mun.Ct. (Sully Miller Contracting Co.) (1978) 21 Cal.3d 724, 731.) This prohibition stems from the notion a corporate representative who would likely appear on behalf of the corporation would be engaged in the unlicensed practice of law. (Gamet v. Blanchard (2001) 91 Cal.App.4th 1276, 1284.) The prohibition against a corporation's “self-representation” in court also furthers the efficient administration of justice by assuring that qualified professionals present the corporation's case and assist the court in resolution of the issues; and it helps maintain the distinction between the corporation and its shareholders. (CLD Const., Inc. v. City of San Ramon (2004) 120 Cal.App.4th 1141, 1146.)

 

PC §1305 (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.

 

PC §1305 (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.

 

(PC 1305 Amended by Stats. 2012, Ch. 129, Sec. 1. Effective January 1, 2013.)

 

Business & Professions Re Practicing Law without a License or California Department of Insurance Bail Agent License References

 

6125.  No person shall practice law in California unless the person is an active member of the State Bar.

 

6126.  (a) Any person advertising or holding himself or herself out as practicing or entitled to practice law or otherwise practicing law who is not an active member of the State Bar, or otherwise authorized pursuant to statute or court rule to practice law in this state at the time of doing so, is guilty of a misdemeanor punishable by up to one year in a county jail or by a fine of up to one thousand dollars ($1,000), or by both that fine and imprisonment. Upon a second or subsequent conviction, the person shall be confined in a county jail for not less than 90 days, except in an unusual case where the interests of justice would be served by imposition of a lesser sentence or a fine. If the court imposes only a fine or a sentence of less than 90 days for a second or subsequent conviction under this subdivision, the court shall state the reasons for its sentencing choice on the record.

 

6127.5.  Nothing in Sections 6125, 6126 and 6127 shall be deemed to apply to the acts and practices of a law corporation duly certificated pursuant to the Professional Corporation Act, as contained in Part 4 (commencing with Section 13400) of Division 3 of Title 1 of the Corporations Code, and pursuant to Article 10 (commencing with Section 6160) of Chapter 4 of Division 3 of this code, when the law corporation is in compliance with the requirements of (a) the Professional Corporation Act; (b) Article 10 (commencing with Section 6160) of Chapter 4 of Division 3 of this code; and (c) all other statutes and all rules and regulations now or hereafter enacted or adopted pertaining to such corporation and the conduct of its affairs.

 

6128.  Every attorney is guilty of a misdemeanor who either:

 

(a) Is guilty of any deceit or collusion, or consents to any deceit or collusion, with intent to deceive the court or any party.

(b) Willfully delays his client's suit with a view to his own gain.

(c) Willfully receives any money or allowance for or on account of any money which he has not laid out or become answerable for.

 

Any violation of the provisions of this section is punishable by imprisonment in the county jail not exceeding six months, or by a fine not exceeding two thousand five hundred dollars ($2,500), or by both.

Q: This man is trying or tried to be my general bail agent. I think he’s a bail agent, but I’m not sure if he is and what to do.  What should I be concerned about?

 

 A:  Has someone offered you “paper” to start your own Bail Bonds Company and to act as your de facto general bail agent when such person by deceit, omission or failure to fully disclose critical information about his or herself, that led you to reasonably believe that he or she is or ever was a California licensed bail agent, when such is not or ever has been the case, occur?

 

This Office routinely and continuously receives reports from independent sources indicating that the practice of allegedly offering people “paper” to become bail bond business owners to the extent that the focus of questions are generally traced back to less than a dozen persons with some more active in the curious rascality of acting as a general agent when such persons either are no longer licensed or have never been licensed to transact bail in California.

 

As a moral and ethical responsibility to the “protect the public—within the spirit of California Insurance Code §1724.5 (e)—the aforementioned and heretofore general opinion is hereby presented, and the below code sections are for you to begin to decide for yourself as to whether or not someone failed to meet the duty of candor.

 

*  *  *

 

Insurance Code


§1800(b)

 

“For purposes of this section, ‘solicit’ shall include any written or printed presentation or advertising made by mail or other publication, or any oral presentation or advertising by means of telephone, radio, or television which implies that an individual is licensed under this chapter, and any activity in arranging for bail which results in remuneration to the individual conducting that activity.”

 

Insurance Code


§1800.75

 

“No person shall advertise or hold himself out as engaging in the business of executing, delivering, or furnishing bail bonds or undertakings of bail whether or not for consideration without holding at the time thereof all proper licenses required by this chapter.

 

Insurance Code


§1814

 

“The violation of any foregoing provision of this chapter, or of any rule of the commissioner made pursuant thereto, is a public offense, punishable by fine not exceeding ten thousand dollars ($10,000), or by imprisonment in the state prison, or in the county jail not exceeding one year, or by both such fine and imprisonment.”

 

Those persons who believe that they may have been induced by intrinsic fraud or otherwise have been victimized and suffered financial or emotional injury may consider contacting the California Department of Insurance Consumer Hotline via its website.

“I liked the education – and – it was fun!”

 

“Examples of how situations and actual laws come together – interesting subject matter made time fly – kept class engaged.”

 

“I liked the real world scenarios.  Bailspeak’s staff and instructor are very nice people.”

 

“Very impressive.  I liked the amount of topics and how it was presented.  There was nothing I didn’t like.  Rex is extremely knowledgeable and presented all the material extremely well.”

 

“Excellent handouts and slides help greatly with the retention of the information, which otherwise could have been very confusing.  In depth, real world examples and case sites.  Excellent course and knowledgeable instructor.Thank you Rex and Bailspeak.”

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Can Bail Bondsman Appear in Court?

California Penal Code §1305

 

(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.)

 

Important Note: The statute does not include language that would allow an independent contractor bounty hunter draft, appear in court and, arguably, practice law without a license; moreover, it is worth considering the retroactive liability concerning court ordered exonerated bail bonds if such orders were initially predicated on the unlawful practice of law.

 

See a Very Critical Opinion Editorial Below about whether or not non bail licensee Bounty Hunters can engage in the unauthorized practice of law.

 This Class is Included in Bailspeak's 20 Hour Bail Agent Pre Licensing Course as a Full Day of Cutting-Edge Content!

 

This Exclusively offered Advance Bail Motion Class Training Program is routinely held in Sacramento, Stockton – Lathrop, Modesto – Salida, San Jose, Los Angeles County, Ventura County, Riverside County, and by Private Order in undisclosed locations for private bail agencies in Bailspeak’s private Roseville and Glendale California private classrooms.

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A Working Knowledge of the Bail Motion Process is Critical!

 

A major part of running a bail bond company is, quite frankly, your active willingness and effort to have a working knowledge of how to draft, appear and then stand up in a California Superior Court, fully prepared, to make an oral argument, counter written and oral opposition from government lawyers, and then convince a court that granting your moving papers is the correct action that will also keep your company solvent.

 

In the below Bail Motion Video, Rex Venator Demonstrates how to get your argument out in 90-seconds and avoid being taken off-point by opposing counsel; indeed, Rex has been drafting bail bond motions and appearing in California Superior Courts as an agent for numerous sureties (Pursuant to California Penal Code Section 1305 subsection j & k) since 1998, and Rex has a 99.7% success rate in winning Orders to Vacate Forfeitures to Exonerate Bonds and with a growing number of recently filed bail bond motions receiving Notice of Non-Oppositions from county counsel and DA attorneys in numerous jurisdictions!

BAIL MOTION CLASSES, SAMPLES, STRATEGIES

Motion Studies to Vacate Forfeitures and Exonerate Bonds

California Department of Insurance Approved

for Six (6) Hours of Continuing Bail Education

THE NEXT BAIL MOTION TO EXTEND TIME EDUCATIONAL DOCUMENT IS THE MOST OFT REQUESTED AND STUDIED SAMPLE ACQUIRED HERE AND ORDERED BY BAIL BOND COMPANY OWNERS NATIONWIDE.

SEE DESCRIPTIONS OF

BAIL BOND MOTION SAMPLES BELOW

 

Sample Bail Bond Motions are for bail educational purposes only, and you should always seek the advice of an attorney who practices law with an emphasis in bail law for legal advice.

Bailspeak Pre-Licensing & Continuing Bail CE Class Handouts

 

DISCLAIMER

 

By ordering any of the below class handout examples, buyer understands that published case cites should be researched to assure that current precedent has not been superceded, that all sales are final, that each set of documents is for educational purposes only and hereby forever releases and forever discharges Bailspeak, and its/their agents, heirs, executors, administrators, assigns, and successors in interest of an from any and all claims, demands, damages, causes of action(s) and debts whatsoever, in law or in equity, which, may or may not occur either directly or indirectly from purchasing any of the above for information purposes only bail motion packets.

 

You should always consult an attorney who practices law with an emphasis in bail law before moving a court.

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FUGITIVE RECOVERY AGENT CLASSES

 

Sacramento, Roseville, Modesto, San Jose, Los Angeles, Riverside, San Diego

 

HOW TO CLOSE BAIL JUMPER CASES

WITH A KEYBOARD AND MOUSE

 

ADVANCED 20 HOUR BAIL AGENT PRE LICENSING

 

Rex Venator’s Unconventional Brand of Fugitive Recovery

 

Pursuant to California Penal Code

Beginning with Section 1305

 

Rex has himself demonstrated to numerous bail bonds companies, surety corporations, and his bounty hunting trainees how he has caused 100% of the bail bond forfeitures he's undertaken to be set aside in open court since 2000.

 

Rex conceptualized and put into action his "Triple Attack" theory, explained in his book "Desktop Bounty Hunter," whereby, as an agent for multiple sureties, he has simultaneously tracked bail fugitives and while negotiating bail bond motions that were designed to create new causes of actions that ultimately led to bizarre exonerations.

 

In point of fact, Rex's Brand of bounty hunting has been highly sought after in terms of learning the mechanical workings of his bail enforcement operations, the theories to his bail bond motions, and all of which are drawing larger and larger numbers to California Department of Insurance Approved Bail Education classes that he himself created from Street Proven methodologies.


 

Extra Subjects Covered:

 

·         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

 

There is No Other Fugitive Recovery Training School

Capable of Offering this Exclusive Brand of

Fugitive Recovery Agent Course Contents

 

20 hours of insurance pre-licensing is required to obtain a license to transact bail as a bail agent in California, and this same exact course is also a critical requirement to legally act a bail fugitive recovery agent for a bail bond company and to do all of which within the scope and meaning of many complex and sometimes conflicting laws.

 

The responsibility of providing the best possible bail education training is taken very seriously, and every effort to produce the most informed bail agents and bounty hunters in the California Bail Bond Industry is considered an honor to the extent that every Bailspeak Certificate awarded is undeniably earned.

 

Bailspeak’s bail agent pre licensing course is, arguably, the Number 1 Choice of professionals in the California Bail Bonds Industry tasked with recruiting new hires to fill bail jobs in such areas as posting bail bonds, bounty hunting, and numerous ministerial positions common to bail.

 

Bailspeak is a California Department of Insurance Approved Bail School now in its seventh year of operation.

 

 

Copyright 1992 – 2015 Bailspeak, All Rights Reserved

“It was very informative.  I found it inspiring and learned a lot of new things.”

 

“Excellent insight regarding topics.  It was extremely interesting with details and stories. You ROCK Rex!”

 

“Good, relative stories.  Excellent, comprehensive handouts.  Good job!”

 

“Great examples!  Everything was explained well, life experiences for each lesson was great!”

 

“The idea that he not only had personal stories but stories from other bail agents and bounty hunters.  Very well educated and wants us to all be the same!”

 

“The energy of the instructor, the info about what happens if a defendant fails to appear, the topic of techs.”

 

“Kept me interested and didn’t put me to sleep!  Liked all the personal experience shared.”

 

“I feel ready to take the test and pass!”

 

“The speaker was humorous and had many interesting/funny stories to tell. Thank you Instructor Rex for your instruction.”

 

“I liked the material that was taught!  It’s incredible how much knowledge the instructor has obtained throughout his career!”

 

“I like the book and handouts with all the information.  I wish we had more time to go over more stuff with Rex!  Very funny and cool!”

 

“Liked all of it.  I have a way better understanding of bail and the bail industry.  Fast paced, everything was great!”

 

“Rex makes it fun, even though it’s a lot of stuff and laws, etc.  He really does a great job!  Excellent!”

 

“The real life stories Rex shared all applied to a class topic.  Thank you!”

“Presentation was clear, direct & lined up with what was advertised.  This class was recommended by several bail agents and it was everything that was mentioned. Very good.”

 

“Discussion and examples of the course material.  Everything was good!”

 

“The instructor was willing to answer all questions even on breaks and lunches.  I liked the entire seminar.  Thanks for all your help Rex.”

 

“I liked how interactive it was and the fact that Rex was animated and made the course fun.  I am very happy to have taken this course and look forward to working in bail.  Thank you to Rex for being such an amazing teacher and keeping it fun.”

 

“Not boring and I wasn’t sleepy.”

 

“The instructor was very knowledgeable and up to date.”

 

“I like how Rex gave examples about personal experiences which help understand each topic.  Course was great.  Very good and knowledgeable instructor.”

 

“Great Class! If it could be longer, I enjoyed learning from you.  The interaction and the multitude of ways in which the material was taught.”

 

“The interaction of personal stories as examples and the summarization of P.C. Keep up the great work.  Bad ass class!”

 

“Stories and examples shared with students.  CE participants also were valuable to have in the class given their personal experiences.”

“The flow of the course, although fast paced, was conducive to learning the material necessary to have a good foundation to getting started in the bail industry.”

 

“I liked how engaging it was.  I had to drive over 3 hours and stay at the hotel for 2 nights, but it was worth it!!  It put in perspective how much I have to learn but also how successful I could potentially be.”

 

“Very knowledgeable!”

 

“I liked the materials, handouts and structured class.  There is a lot of material to digest in a short amount of time so important to get a good night’s sleep!”

 

“I’ve been a bail agent for almost 30 years and this class refreshed many areas of currently ongoing business practices.”

 

“I liked the class discussions and the handouts.  Instructor [Rex] was very friendly and made it easy and comfortable to ask questions.”

 

“Rex is a very good speaker.”

“Great course, with a lot of usable information.  A lot of information.”

 

“I did not know a thing about Bail.  Now I am confident I can start a career.  That the instructor was up and not reading from a book.  Very knowledgeable.”

 

“Getting up to date on all the changes.  The handouts were so helpful.  I enjoyed the whole class.”

 

“Great speaker.  Very knowledgeable.  Really enjoyed myself.  I loved learning new things.”

 

“Amazing instructor!  If I could, I would definitely come back!”

 

“Case law is awesome.  Wasn’t what I was expecting, but it was AWESOME!”

 

“Very informative and focused on the laws and importance of safety.  Great teacher/instructor!  Very motivational!”

 

“The relation of the material to real life events.  Very informative course in conjunction with a fun environment conducive for learning!”

Advanced Penal Code 1305 Studies is Wholly Exclusive to this California Bail Training School

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