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CAL PC 847.5 PETITION…BAILSPEAK STYLE!

Opinion Editorial by Bear Scott

As a PC 1299 Compliant Bail Enforcement Agent here in California, my primary concern is always safety, but the number two priority above anything else is operating within the law and staying out of handcuffs myself, and by extension, out of Rex’s infamous, “Green Binder”. Penal Code 847.5 is a rather obscure law that directly governs how we as Bail Enforcement operate here in California when working out of state Bail Fugitive cases. Simply put, it requires an Agent to petition a court within the county you have reason to believe the Bail Fugitive is in, whenever you are investigating a case that originated from out of state. When granted, the petition allows you to legally investigate the case, apprehend the Bail Fugitive, present them to the local court, and with their approval ultimately transport the Bail Fugitive back to their original jurisdiction. Having had to successfully undertake this process multiple times now, I can tell you that it is a little known law that will require tenacity and knowledge on the part of you the Bail Enforcement Agent. Tenacity is up to you; but as a Bailspeak alumni, I can tell you with certainty that the knowledge is readily available from Rex Venator and Bailspeak.

Having been through the class, I was able to “argue” for the PC 847.5 petition as part of training. I learned a lot in the process but I needed a bit of a refresher before I undertook it for real the first time. Luckily enough Rex has a video on YouTube regarding the PC 847.5 petition specifically. Watching it was a great way to help me remember key points. First, remember, the law is on your side. This is what the state of California requires, keep that in mind and don’t let the various Bailiffs and Clerks dissuade you from your course of action. Second, remember if you are addressing the court in session, it is on the record. Watching the video helped remind me to use statements like, “pursuant to California Penal Code 847.5…”, “it would be unlawful for us to enforce our private civil contract…” and “consider signing the petition so that we may lawfully investigate and take action…”, not only with the help persuade the court in your favor, but they also set-up the scene so that if the petition is not granted, there is a transcript of the court preventing you from lawfully enforcing your private civil contract. If you have been through a Bailspeak course, then you know the importance of this factor. How can the government hold the Bail Agent accountable for enforcing a contract that the government is not allowing them to enforce? Not easily.

As always, your due diligence is the key to your success. Watching the video you are also reminded that your paperwork needs to be “court certified” whenever possible. Whether it’s a copy of the Forfeiture, or the original bond, that court certification let’s any other authority (court or law enforcement) know that your paperwork is both legitimate and current. Without legitimate and current paperwork authorizing your activities then you are in danger of putting you and your client at risk of losing the bond, and worse…losing your freedom.

This may seem like a big process, it is. It may seem like it will take quite some time, it will. And you may even have to go to multiple courts as your work within that county’s court system (maybe one court only does traffic, or only hears these types of petitions via their main courthouse). As we often do in the field, you will most likely have to educate many “authority” types on this process. Be calm, and most of all be courteous. Remember the law is on your side. Also, I can assure you it is achievable and it is worth every bit of effort. Remember, when it comes to bonds that originated out of state, along with your original paperwork, the signed PC 847.5 petition is necessary to operate lawfully in California. Even though not having it is only a misdemeanor violation, it is one of the basic steps that your entire process is predicated upon. If that step is not lawful, then nothing you do that follows can be lawful. And that means felony, after felony, after felony firearm enhancement, potential loss of your freedom, inclusion in the, “Green Binder”, and yet another negative headline for our industry that could have easily been avoided.

Whenever you are working an out of state case, do your PC 847.5 petition. If you need training on the topic, reach out to Bailspeak, they will help you succeed. I know, because they did for me.

Bear Scott, Bailspeak Alumni
PC 1299 Bail Enforcement Agent
Southern California