Motion to Exonerate Bail Bond ~ California Bail Bond Motions That Worked!

The Time to Learn Bail Law & Motion is Before Forfeitures are Ordered.

SCROLL DOWN To See Bail Motion Videos, Order Hardcopy Bail Motion Class Samples, and to Read Opinion Editorials

Bailspeak's Bail Bond Motion Class is DOI Approved for 6 Hours Continuing Bail Education

California Department of Insurance Continuing Bail Education Provider Number 172114

Click HERE to Return to Bailspeak's Mother Website

The way bail bond forfeitures are managed has radically changed with the recent California Appellate Court Holdings inasmuch that the atypical Penal Code 1305 based bail motions that used to work simply are not being upheld by the Appellate Court.

This CDI Approved School has an Advanced Bail Bond Motion Studies Course, that is a part of its 20 Hour Bail Agent Pre-Licensing Certification and also counts for Six Hours of Continuing Bail Education, consists of how to move a court on a forfeited bail bond using Civil Code of Procedures, Contract Law 101 and many more ways to think “outside the box” and all of which is Approved by the California Department of Insurance as both bail agent pre-licensing and is good for your six hours of Bail CE!

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 Bail Video to your right, 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!

How to Motion a California Superior Criminal Court on an Instant Civil Matter is a Critial Skill-Set for Bail Agents, but so is how to Lawfully Bounty Hunt and all of which are major points of Studies at California's Leader in Bail Agent Pre-Licensing and Continuing Bail Education! Please see Bail Videos, Opinion Editorials and Real Motion Samples, that worked, by Scrolling Down.

How to Intercept a Summary Judgment

While Avoiding Criminal and Civil Charges

by Rex Venator

There was a remarkable scramble in the closing days of 2012 to get Bailspeak’s newly developed 22 Hour Bail Agent Pre-Licensing course “Approved” by the California Department of Insurance while, at the same time, meeting the new “Education Objectives”: contract law instruction, familiarization with bail law and motion, and the reintroduction of bail fugitive recovery studies.

As Bailspeak Alumni are very much aware, Bailspeak administers three separate written tests during its 3-day course, and the training value being attached to these study devices are proving to be exceptionally advantageous to the extent that Bailspeak’s Alumni as a whole are enjoying an outrageous first-time pass rate of the bail exam.

Once Alumni delve deeper into the bail industry over time, they will begin to understand the methodology and ulterior motives of Bailspeak’s curriculum; it isn’t just to pass the bail exam the first time but to operate in bail while staying out of civil court, criminal court and the morgue.

Today, Rumor Control reports an astounding increase in summary judgments, criminal investigations, civil suits, and other perfectly avoidable un-pleasantries with the tools needed for avoidance repeatedly espoused during Bailspeak instruction and in all the different disciplines covered.

It is pretty simple:

  • Be PC 1299 Compliant

  • Know Bounty Hunting Laws

  • Know your Stare Decisis

  • Know Basic Bail Law

  • Think “reasonable person”

  • and Etceteras

While no one is immune to unforeseeable mistakes, perhaps we can mitigate the damages if “12 reasonable people” are called upon to hear what turns out to be, well, reasonable.

“Honesty is the first chapter in the book of wisdom.”

~ Thomas Jefferson

Posted on the Bailspeak Community Bail Forum

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.

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 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.”

Posted on January 3, 2011

Order a Private Bail Motion Class for Your Office That is California Department of Insurance Approved for your Annual Continuing Education Requirements

1-877-726-9092

Call Bailspeak for more information on how to order this course, which has been Peer rated "Excellent" 100% of the time, as a mobile continuing education class held at your office and at your convenience for 10 or more bail agents.

You Should always Consult with an attorney who practices law with an emphasis in bail law for legal advice.

PROTECT YOURSELF!

Be sure that anyone you hire to draft and appear in court for your non-incorporated bail agency is a California Department of Insurance Licensed Bail Insurance Agent and is appointed by the same surety moving a court.

Scroll Down for Important Things to Consider and to read about Bail Bond Motion Educational Samples from Bailspeak Classes.

California Penal Code Section 1305 subsection (j) & (k)

"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.

The court, in its discretion, Shall require that the moving party provide 10 days prior notice to the applicable prosecuting agency, as a condition precedent to granting the motion."

Six Reasons Why Bounty Hunters Should Study Bail Law

  1. Studying bail motions develops one's ability to converse in Bailspeak.
  2. Spotting technicalities during investigations is an advanced skill.
  3. Bounty hunters may be asked to produce Declarations.
  4. There is more than one way to close a case and get paid.
  5. Familiarization of bail law may forestall working for free.
  6. Every Bounty Hunter should work towards opening up his or her own bail bond company and therefore should have a working knowledge of bail law.

Did You Know?

California Superior Court Trends indicate that only a California Department of Insurance licensed bail insurance agent, who is appointed by the surety moving a court on a bail bond motion, may draft and appear for a non-incorporated bail agency; indeed, a California court may require bail corporations to be represented by an attorney; moreover, a court may “pull” a formerly granted bail motion, if it is later found that the motion was argued by a person not appointed by the moving surety as a bail agent or an attorney did not argue a bail bond motion on behalf of an incorporated bail agency, resulting in Summary Judgment.

CAUTIONARY CONSIDERATION

Do not assume that a bounty hunter offering to draft and/or appear on your forfeited bail bond or bonds has secured an exception to be appointed by any surety and is not licensed as a California bail insurance agent. You could lose your previously granted bail motion retroactively if it is later found that the granting of your bail motion was predicated on the unlawful practice of law.

BAIL MOTION OPPOSITION

OPINION EDITORIAL

Civil Code of

Procedures Discussion

Dispelling the

185-Day Preference

by Rex Venator

Discussing Opposition

Trends in California

Now Day 3

of Bailspeak's

2013

20 Hour

Bail Agent

Pre-Licensing

Course!

Based on my own personal experiences as agents for various sureties in the California Court System, I offer the following.

As veteran bail agents know, the law is clear insofar that bail forfeitures are not intended to be a windfall for the State; however, it appears that more and more local governments are taking issue with passing on filling their county coffers.

Opposition to moving papers are not just becoming more frequent in some counties, but the breadth of opposing counsels’ arguments are coming in consistent to what I’ve been told more than once by county counsels and deputy DAs: “We want the money.”

Then, if opposing counsels successfully defeat a motion, they’re getting reimbursed by order of some courts for their billable hours.

All of this is even if bail motions are even heard! For some instant matters are shot down by procedural arguments due to failure of bail agents to understand some aspects of moving a court.

Many new people entering into the new ranks of bail agents either do not know or have not taken the bail motion side of bail seriously. The reality hits when they’re up and running with forfeitures coming in.

This is where the new bounty hunter market is opening up; indeed, crafty attorneys can frazzle dazzle new bail agents all day long, but all of their expertise is for not once the wayward bail client gets booked within the appearance period.

Make no mistake. I am on the front lines of bail education and have personally seen the next generation of bail agents and with more coming. These new professionals will predictably call upon the services of bounty hunters in response to the growing difficulty of the bail motion process—if there is time left to work the investigations. 

This

California Dept

of Insurance

Approved

Course Counts

for Six (6)

Hours Bail CE!

Continuing Bail Education Bail Bond Motion Sample Hand-Outs

Purchased Documents Mailed or Faxed; No Downloads Available

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.

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 Argues:

  • 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

Outcome: Forfeiture Vacated Bond Exonerated

Pursuant to "Triple Attack Theory" and

Application of Bounty Hunting

In this Bailspeak 20 Hour Bail Prelicensing Class Handout

Moving Party Argues:

• 2-Page Notice of Motion

• 10-Page Memorandum of Points and Authorities

• 4-Page Declaration in Support of Motion

• 12-Pages of Exhibits

• 4-Pages of Proof of Personal Service

  • 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

Contract Law Based Motion to Exonerate

$75.00 Faxed

$85.00 Shipped

Available at Bail Agent

20 Hour Prelicensing Classes

by Bailspeak

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

Outcome of Filed Instant Matter: County Counsel Calls with Notification of Non-Opposition

60-Minutes after Proof of Personal Service—a New Non-Opposition Record!

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

A court clerk fails to mail the Notice of Forfeiture wtihin 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 Hardcopy Informational Packet includes the Notice of Motion, Memorandum of Points and Authorities, and Declaration in Support of Motion.

$30.00

Shipping & Handling Included

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.

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

$25.00

Shipping & Handling Included

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.

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.

Memorandum of Points and Authorities contains Preliminary Statement, Bail Arrest Law, Bail Definitions, The 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.

$30.00

Shipping & Handling Included

Bail Motion Proof of Personal Service

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

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.

$15.00

Shipping & Handling Included

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.

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.

$30.00

Shipping & Handling Included

PC 1305(b) Bail Motion to Exonerate Bond

Notices of Forfeiture sent beyond 30-days from the Date of Forfeiture is a common argument to have a forfeiture set aside and the bond exonerated.

This 15-Page Harcopy Informational Packet includes the Notice of Motion, Memorandum of Points and Authorities, and Declaration with Exhibits.

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.

$30.00

Shipping & Handling Included

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.

This 10-Page Hardcopy Informational Packet includes the Notice of Motion, Memorandum of Points and Authorites, Proofs of Personal Service, and an Order After Hearing.

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.

$30.00

Shipping & Handling Included

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

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

This 9-Page Hardcopy Informational Packet includes the Notice of Motion, Memorandum of Points and Authorites, Declaration in Support of Motion, and Order after Hearing.

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

$30.00

Shipping & Handling Included

PC 1305(d)(1) Motion to Exonerate Bail Bond

Your client is in jail out-of-State on a separate matter.

This 21-Page Hardcopy Informational Packet includes the Notice of Motion, Memorandum of Points and Authorities, and Declaration with Exhibits.

Memorandum of Points and Authorties contains Parties, Statement of Facts, The Object of the Bail Bond Contract, Impossibility of Performance, The Forfeiture Should be Vactated by Operations of Law, The Reasonable Bondsman, Discussion, and Conclusion.

$35.00

Shipping & Handling Included



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 the forfeits again.

This 13-Page Hardcopy Informational Packet includes the Notice of Motion, Memorandum of Points and Authorities, and Declaration in Support of Motion.

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.

$30.00

Shipping & Handling Included

After an exhaustive study—in preparation for the new 2013, 20 Hour bail agent prelicensing “Economy of Motion” advanced bounty hunting classes—it is clearly evident that the so “outrageous” as to shock the conscience of the reasonable person legal standard has shifted from crafty bail agents to the in-your-face court decisions leading to summary judgments, as predicted would happen in the video clip to your right that was shot nearly a decade ago, to the extent that current appellate court holdings are greatly restricting a once vibrant and greatly molested area of “teching-out” forfeited bonds in open court and “getting off the liability” by winning court ordered exonerations and all of which has gone full circle inasmuch that those “lost in the 90s” will be hard pressed to “tighten up” underwriting and make a study of my opinion editorials regarding the “Return of the Bounty Hunter” as a first line of defense against those who “want the money.”

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