Posted by christiSocal on 6/5/07 11:03pm Msg #193801
I went to jail today
It was my first time in "the big house". A woman needed a POA notarized for a male relative who was incarcerated. I reread the notary handbook and searched here, so I was ready, I thought! A couple of things brothered me. First, I had to fill out a little visitor slip, then the deputy said I HAD to stamp the back of the slip with my notary stamp. I told him this was not legal to do in Cali, but he said that's the rule, stamp or no go! Yeah, I did go ahead and stamp. Then, I had to complete the process through their "cage" for lack of a better word. I was on one side, he was on the other, I could barely see him! The deputy took my journal over to him to have him sign, but I couldn't really see if HE signed it or not. I suppose I can trust the deputy, but I didn't like the set up at all... How have others handled this?
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Reply by CJ on 6/6/07 1:10am Msg #193808
I went to jail once too. I got there and they wanted to see the original of my notary certificate. I offered to call my daughter at home and have her fax it, but no! They wanted the original to photocopy themselves. I had to drive home and get it. That was 1/2 hour each way. For me, they left me alone in the room with the guy. I didn't know if he would hurt me, but he didn't. He just read the document very carefully. This was a side job for a friend's dad. It had to do with power of attorney. I figure when I am at the jail, I just do as I am told because they must have their policies for a reason. I think if I had asked for a deputy to stay, he would have. If I do stamp something for a sample, I have been told to draw a line through it so it can't be copied.
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Reply by JanetK_CA on 6/6/07 1:33am Msg #193813
I did one at the OC county jail a few weeks back and didn't have any of those issues come up, except that I did have to hand my journal through a slot to be passed around to the inmate to sign. At least I was able to see him, though. And there was a thick glass between us (we had to use a phone to communicate), but this guy wasn't at all scary, just someone who apparently thought some laws were for everyone but him. The hardest part for me was finding the correct entrance. (I had to go to a door marked "attorneys/bond" but I had to ask three times before I was told that.
I think I would have a problem with being asked to provide a sample of my notary stamp. I might have dug into my case and pulled out the book where it says that our stamp can only be used for the act of notarization. (CA law) Also, they knew I was coming (inmates there are only allowed one visitor per day) so I don't think they even asked to see my ID. (That surprised me. Guess I looked the part...)
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Reply by Sher_AZ on 6/6/07 1:50am Msg #193814
I've done jail house/prison visits & always sat "face to face"w/signer (VERY RELIEVED to have hand-cuffs secured to a divided table!) I've always been accompanied by the signing "relative" (in one case, attorney) who has already scheduled the date & time with the institution for my appt in advance, so the appt takes about 20 minutes or less. I have the "observing" deputy sign as witness on POA and in my journal which is verification that the "witness" did in fact observe the signature(s) of the documents. Never had anyone take the documents or journal away to have signed out of my direct line of vision, nor asked to affix my stamp to the back of the visitor slip either. The "intake guard" examines my briefcase & contents & my stamp and I have to write my commission # and date of expiration on the visitor slip, but have never been asked that I actually affix my stamp to it. Maybe AZ diff than CA?? My guess is the "cage" was a safety/security precaution and I certainly wouldn't object to accepting the guard's participation in the handling of the journal or documents because of risk factors they may be aware of. I do think some of those that I've visited, I'd have preferred a "cage"
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Reply by christiSocal on 6/6/07 2:34am Msg #193815
Clarification
The signer was "in my line of vision" but between the thick, not very clear glass and the bars, I couldn't see as clearly as I should. I wish I had thought of having the deputy sign as witness. Good Idea...
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Reply by Joe Ewing on 6/6/07 2:49am Msg #193817
Re: Clarification
I have done at least a hundred assignments including home sales for inmates housed in every prison (including federal prison), jail (mens & womens) and honor camps in San Diego County. I work for several high profile defense attorneys who send me out or accompany me on some very interesting cases.
First off the jail system is not set up to admit female notaries. It requires a deputy to called in to accompany the woman into the jail for liability issues. Usually a male notary will be instructed to go alone. Second, you won't get passed the clerk without your stamp. That's your Notary ID. And lastly expect the unexpected as in kept inside the facility until the deputies are good and ready to let you out.
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Reply by BrendaTx on 6/6/07 9:58pm Msg #193965
Re: Clarification
**First off the jail system is not set up to admit female notaries.**
I don't like it, but it sounds really applicable.
The ONE time I got a call for jail work here I found out real quick that the prisoners could use a jail notary if they needed one. The document required an embosser. The jail notaries don't have embossers. Inmate was simply ought of luck on that one.
It'd be nice if it were easier for us girls to get into the jailhouse, but we do have to remember...the prisoners aren't in there because they are top badge-earning Boy Scouts (or Girl Scouts).
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Reply by Kari Schaffner on 6/6/07 10:01am Msg #193860
Fees
Do you charge additional fees (in addition to your trip fee and per signature fee) to go to the jails/prisons? Just curious...
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Reply by Joe Ewing on 6/6/07 10:25am Msg #193868
Re: Fees
This is not a travel, knock on the door and witness a signature assignment. I bundle my fees the same as I would with a Loan Signing then I subtract the signature fee for my Journal.
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Reply by Susan/CA on 6/6/07 11:50am Msg #193884
I was asked this week if I could go to the jail to notarize
I wonder if this is the same woman that called me. I did not accept the job offer because it seems like a really big hassle to me to go to a jail and notarize. I hear parking is a hassle, waiting is a hassle, getting in is a hassle . . it's all a hassle that may not be worth the fee. I would have charged a lot . . it's just not of any interest to me.
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Reply by dickb/wi on 6/6/07 1:30pm Msg #193912
at that point i would have said.....
i can not stamp the back of your paper.....if you force me to do it you are guilty of aiding and abetting........you could get a jail sentence yourself for that and i think those incarcerated here would love to see you on their side of the cage.......sorry i can't give you a copy of my seal so i will have to leave and maybe the lady who needs this will complain to some legal beagle....and i would leave.......jmho
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Reply by Joe Ewing on 6/6/07 4:10pm Msg #193925
Re: at that point i would have said.....
What is the problem here? The clerk does not keep a copy of the notary's seal. At the clerks window is small slips of paper and pencils to be used to write the inmates name, date of birth and booking number. On the rare occasion the the clerk does stamp the seal so it can be read, the back of that paper is where the clerk stamps the seal. If that occurs you just ask for the paper to be returned with your drivers license when you leave.
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