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2007 Bail Bond Fairness Act. The Bail Bond Fairness Act was originally introduced in 1997 during the 105th Congress. Bail Agents had virtually been eliminated from writing bonds in Federal Court after the Bail Reform Act of 1984 was deemed to mean that a bail bond was responsible for performance under federal rules of procedure 46(e)(1) by the Vaccaro decision. The PBUS is dedicated to the passage of the Bail Bond Fairness Act. Historically, the sole purpose of bail in the United States was to ensure the defendant's physical presence before a court. The bail bond would be declared forfeited only when the defendant actually failed to appear as ordered. Violations of other, collateral conditions of release might cause release to be revoked, but would not cause the bond to be forfeited. This historical basis of bail bonds best served the interest of the federal criminal justice system. Currently, however, federal judges have merged the purposes of bail and others conditions of release. These judges now order bonds forfeited in cases in which the defendant actually appears as ordered, but fails to comply with some conditions of release. There was a hearing on 06/07/07 for H.R. 2286, the "Bail Bond Fairness Act of 2007" by the Subcommittee on Crime, Terrorism, and Homeland Security The bill was forwarded to full committee 6/12/07 and passed through the house on

   

ID Judge 9th Circuit Court of Appeals. Judge Randy Smith is highly qualified to serve on the Ninth Circuit, having served as a respected state judge for more than a decade. His nomination enjoyed strong bipartisan support. Judge Smith served as a respected state judge for more than a decade. Judge Smith was appointed as a district judge for Idaho’s Sixth Judicial District in 1995. He won reelection in 1998 and 2002. From 2004 until his elevation to the Ninth Circuit, he served as the court’s Administrative Judge. Governor Butch Otter named Pocatello attorney David C. Nye to fill the vacated position as Judge in Bannock County’s Sixth Judicial District. 

 

In Re: Approval of Forms Pertaining to Bail Bonds eff. Aug. 14, 2009

Affidavit of Appt to Arrest     Certificate of Surrender 

Promissory Note  Property Bond  Property Bond (personal)

 

CHANGES TO IDAHO BAIL LAW. Effective July 1, 2009 The Idaho Statues and Idaho Criminal Rule 46 
TITLE 19  

 
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In: Re: Amendment Of Idaho Criminal Rule (I.C.R.) 46

 

 

 

Edition Date: 03/22/07

Investigators say a Star man shot during a confrontation Wednesday morning with police likely murdered bail bondsman just hours before when he couldn't pay for his release from jail. Anthony Joseph Bosworth II, 30, was shot Wednesday morning after he ran from officers and into a farm field north of Nampa. He was pronounced dead at Mercy Medical Center.

Later, the body of Joshua Schmidt, 30, a bail bondsman who lived in Meridian, was found near Mountain Home. Police said the pair traveled to two banks Tuesday to get cash after Schmidt posted bond for Bosworth, who had been in the Ada County Jail on a domestic battery charge.

It's a case that involved six law enforcement agencies in three counties. And, with Bosworth dead, investigators can only speculate on the final event that led to Schmidt's death.

They suspect that Bosworth shot and killed Schmidt in Schmidt's truck somewhere between Mountain Home and Boise Tuesday afternoon.

"Joshua Schmidt's family will never know what happened inside that pickup, will never know what the conversation was, and will never know what precipitated the actions," said Ada County Sheriff Gary Raney during a press conference Wednesday. "That is beyond law enforcement control."

The last time anyone talked to Schmidt was around 5:39 p.m. Tuesday after he called a coworker at Advantage Bail Bonds in Boise to say Bosworth couldn't cash a check to pay for the bond. He said they were headed back to Boise.

Raney said investigators do not know exactly where Schmidt was killed or how Bosworth got a gun. But they know Schmidt was found in the desert east of Boise near Interstate 84 dead from a gunshot wound. They also know that Bosworth showed up at his ex-wife's Nampa apartment at 6:30 p.m. He was carrying a gun, and his clothes were stained with blood.

Here is the sequence of events that happened based on interviews with police and court records:

Bosworth was arrested March 14 in Star for misdemeanor domestic battery involving a fight with his ex-girlfriend, Jami Farley. Bosworth, who was on probation for a forgery conviction, was taken to jail, where he was held on a $16,500 bond. An order told Bosworth to stay away from Farley.

Schmidt went to the jail around 1 p.m. Tuesday and paid Bosworth's bond, which was $1,650, or 10 percent of the original amount.

Bosworth was released, and the men drove to Pioneer Federal Bank in Meridian around 4 p.m. Tuesday so Bosworth could pay Schmidt. Bank employees told Bosworth to go to the Mountain Home bank office to cash his check, but it was unclear why.

The pair then drove to Mountain Home, but by the time they got there — 5:03 p.m. — the bank was closed. At that point, Schmidt headed back to the Boise area.

He made a call to his office explaining the events of the afternoon. Bosworth used Schmidt's cell phone to call Farley, who didn't answer but called back. She talked to Schmidt, who handed the phone to Bosworth. They had a short conversation.

Those phone conversations were the last known contacts with Schmidt. Investigators presume the pair were on Interstate 84 headed to Boise. It was unknown Wednesday if Schmidt was armed at the time.

A man who answered the telephone at Advantage Bail Bonds Wednesday night declined to comment.

At 6:30 p.m. Tuesday, Bosworth arrived at his ex-wife's apartment in Nampa. She told police he was covered in blood and had a gun. Bosworth showered and changed clothes.

He left the apartment around 7:15 p.m. His his ex-wife ran outside and waved down a Nampa police officer who happened to be patrolling the area. By the time she explained what happened, Bosworth was gone.

About the same time, Schmidt's family reported him missing to Meridian police because he had not checked in.

A Meridian officer heard about the Nampa case on the police radio and realized the cases could be connected.

The two departments began working together.

Officers patrolled the area looking for the silver truck and decided to keep watch over Bosworth's ex-wife's house in Nampa and Farley's house in Caldwell.

At 3:30 a.m. Wednesday, officers spotted the truck in the 17000 block of Monarch Way at Farley's house. Bosworth was standing outside.

They confronted him, and he ran into a nearby farm field near Middleton and Ustick roads. A Nampa K-9 officer sent his dog after Bosworth. Almost immediately, Bosworth fired several shots in the direction of the officers. The K-9 officer fired his gun once.

Police said Wednesday they don't know if the Nampa officer fired the fatal gunshot or if Bosworth shot himself. None of the officers or the dog were hurt.

Officers at the Monarch Way home found Schmidt's truck in the driveway. It was covered in blood on the inside.

Suspecting that Schmidt had been killed and that it likely happened between Mountain Home and Nampa, investigators waited until daylight to mount a helicopter search for his body along the I-84 corridor.

Around 12:30 p.m., Schmidt's body was spotted about a mile off the interstate and 300 yards from Simco Road.

The initial police reports show that Schmidt was killed by a gunshot wound. Investigators did not say Tuesday how many times he had been shot or the location of the fatal wound.

Autopsies on both men are expected to be completed today.

As is standard procedure in an officer-involved shooting, a multi-agency task force of Canyon County law enforcement agencies, led by the Idaho State Police, will investigate Bosworth's death.

Bosworth had a criminal record in the Treasure Valley, including a conviction for fraud out of Payette County and forgery out of Canyon County in 2003. His probation for the forgery charge was until 2008, according to Idaho Department of Correction records.

He also had a grand theft conviction out of Oregon, according to prison records.

 

 

 


 


 

 

 

 


Professional Bail Agents of Idaho, Inc.
P.O. 1003 Mountain Home, Idaho 83647
questions on website email muse@cableone.net

 

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