Collins v. Commonwealth
57 Va. App. 355
| Va. Ct. App. | 2010Background
- Collins, a North Carolina-licensed bail bondsman, posted a $10,000 bond for Sydnor to release him from NC custody; Sydnor failed to appear and the bond was to be forfeited.
- Collins traveled to Mecklenburg County, Virginia, intending to locate Sydnor and return him to North Carolina.
- Upon arriving, Collins blocked a car in a church parking lot, pulled a man he believed to be Sydnor toward his truck with a gun, and demanded compliance.
- The man turned out to be C.S., Sydnor’s cousin, not Sydnor; Collins and an employee left after C.S. identified himself.
- C.S. called 911; Collins admitted he did not personally know Sydnor but claimed a North Carolina license gave him authority; the trial court rejected this defense and found him guilty of attempted abduction and of using a firearm in the commission of that felony.
- The Court of Appeals affirmed, holding that Virginia’s licensing scheme abrogates any common-law authority for out-of-state bail bondsmen to seize bailees in Virginia, and that there was sufficient intent to abduct despite mistaken identity.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Virginia law authorizes out-of-state bail bondsmen to seize bailees in Virginia | Collins argues common law allows seizure under Taylor v. Taintor | Common law rights were abrogated by Virginia statutes | Affirmed; no legal authority to act as bail bondsman in VA; statutory scheme governs |
| Whether the common-law authority was abrogated by Virginia statutes | Common law rights remain applicable | Statutes 9.1-185 and 9.1-186 abrogate common law rights for out-of-state bondsmen | Affirmed; legislature abrogated common-law right to seize in Virginia |
| Whether Collins had a legal justification or excuse to abduct due to mistaken identity | Intended to seize Sydnor; legal justification exists | No legal justification under statute; unlicensed in VA | Affirmed; no justification; acted unlawfully under Code 9.1-185/9.1-186; intent to abduct proven |
| Sufficiency of evidence of intent to abduct C.S. | Actions show intent to abduct Sydnor, not C.S. | Mistaken identity negates intent | Affirmed; evidence shows specific intent to abduct regardless of identity issue |
| Effect of firearm use on conviction | Firearm statute supports conviction independent of abduction | Dependent on abduction conviction | Affirmed; firearm conviction upheld as tied to the felony conviction |
Key Cases Cited
- Taylor v. Taintor, 67 U.S. (2 Black) 366 (1873) (common-law right of bail bondsmen to seize bailee historically recognized)
- Levy v. Arnsthall, 51 Va. (10 Gratt.) 641 (1854) (early state authority on bail enforcement)
- Robinson v. Matt Mary Moran, Inc., 259 Va. 412 (2000) (statutory changes control common-law references in Virginia)
- Long v. Commonwealth, 23 Va.App. 537 (1996) (when legislature abrogates common law, statute governs)
- Boyd v. Commonwealth, 236 Va. 346 (1988) (abrogation of common-law rules where legislature expresses value judgment)