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If you’ve ever used a bail bonds service in the past, then asking the question ‘can bail bondsman make arrests’ might seem a little confusing. After all, they’re there to help you after you’ve been arrested, not to make the arrest, right?

While that’s broadly true, and basically how it works the vast majority of the time, there are also scenarios where a bail bondsman might be involved in the arrest of an individual. This typically occurs when an individual has skipped bail — in other words when they’ve failed to show up for their scheduled court appearance. 

There’s much to know about this aspect of the law, so we thought it’d be a good idea to write an in-depth guide explaining everything you need to know about the role a bail bondsman may play in the arrest process. 

  1. Bail Bondsmen: Arresting Power Explained

Can a bail bondsman arrest anyone? The more straightforward answer to this question is that no, they can’t — bail bondsmen play an important role in the judicial system, but they’re not law enforcement agents and thus don’t have any legal power to arrest you.

However, what they can — and often will — do is hire a bounty hunter to arrest you on their behalf. Bounty hunters, while having less power than the police, do have the power to arrest individuals if there’s a warrant out for their arrest. 

There are tight rules and regulations that dictate what a bounty hunter can and cannot do, but they do have the capacity to put a defendant in handcuffs and take them to the police station, in much the same way that the police would do. Though it’s not the case in all parts of the United States, in California bounty hunters must undergo training and hold a license to operate legally. 

  1. Understanding the Role of Bail Bondsmen

As we said above, a bail bondsman may be involved in the arrest of a defendant, but generally only if they’ve broken the terms of their bail release. Aside from that, they have no interest in getting people arrested — they’re only concerned with getting an arrested individual out of jail.

Bail bondsmen play a crucial role in the judicial system. When a person is arrested, they’ll nearly always be given a bail amount that they can pay in order to be temporarily released from jail and return home until they’re due in court. However, since bail values can run into tens of thousands of dollars, most people are unable to pay the full value on their own. That’s where a professional bail bondsman can come in to help. They’ll post bail on the individual’s behalf in exchange for a fee, usually 10% of the total bail value.

Most people only experience bail bondsmen through the lens of helping them get out of jail. However, bail bondsmen will only bail out an individual on the promise that they’ll show up to their future court appearances and abide by the other terms of their release. If they don’t, then the bail bond agent risks losing the bail amount they paid, since it isn’t returned if the arrested individual fails to show up to court. At that stage, the agent will take steps to ensure the individual does show, including hiring a bounty hunter to bring them in. 

  1. The Authority of Bail Bondsmen: Arrest or Assist? 

Bail bondsmen are not in the business of arresting people, but there are instances when they need to help bring someone to justice. If you’ve used a bail bonds service but then skipped your court appearance, then the agent will do whatever they can to bring you in. After all, if you don’t appear in court, then they will forfeit the money they spent getting you out of jail in the first place.

Bail bondsmen don’t go around arresting people themselves. They’re not legally allowed to. However, they will likely make contact with you directly before they escalate the process. Many people miss a court appearance due to a simple error or because of unique circumstances (say, illness). If a bail bond agent can easily get in touch with their client and everything is fully explainable, then there’ll be no reason for any arrests to be made.

If the bond agent can’t get in touch with their client, or they receive word that the arrested person is planning to intentionally skip their court appearance, then they’ll likely work with a bounty hunter to bring that person in. Unlike bail bond agents, bounty hunters do have special powers, including the ability to arrest. 

  1. Debunking Common Myths About Bail Bondsmen

There are a lot of misconceptions about bail bondsmen and the work they do. And it’s easy to understand why that’s the case — most people get their information about bail bond agents from movies and television shows, which are in the business of entertaining, not educating. Here are some of the most common myths about bail bondsmen and the role they play in making arrests.

They’re Not Law Enforcement 

First thing first: bail bond agents are not law enforcement agents. While they, like the police, form part of the judicial system, they do so in different ways than the boys in blue. In fact, bail bond agents generally aren’t overly concerned about the enforcement of the law, at least not in a professional capacity, anyway. They deal with what happens after an individual is arrested and behind bars — it’s the job of the bail bond agent to get the person out of jail, not put them in jail.

But that’s only when everything goes smoothly. If their client breaks the rules of the bail agreement, then they’ll need to enforce the law and will do what it takes to make it happen. After all, if they don’t, then they’ll run the risk of losing a lot of money. 

They Usually Don’t Make Arrests Directly 

Your bail agent probably won’t come and arrest you directly if you skip bail. Instead, they’ll work with a bail enforcement agent, who are more commonly called ‘bounty hunters.’ These individuals make their living by bringing in people who have skipped bail and have extensive experience and expertise in doing so. It’s a lot safer for a bail bond agent to hand the job of bringing someone in over to a trained professional, rather than doing it themselves, especially since bounty hunters have the power to make arrests. 

They’re Out To Get You 

Finally, remember that your bail bond agent is not out to get you. They’re not the enemy — rather, it’s best to view them as your partner. They really won’t want to hire a bounty hunter to bring you to the police station. It’ll be a last resort. If you have any problems while out on bail, it’s best to contact your bail bond agent as soon as possible. They’ll be able to advise you on exactly what you should do. 

  1. Limitations and Responsibilities of Bail Bondsmen

As we said earlier, bail bondsmen play an important role in the judicial system. They do more than just help people get out of jail — they also stay in contact post-release and ensure that the defendant shows up for their court appearances. They’ll also be aware of what you can and cannot do while out on bail.

It’s also their job to bring in defendants who have skipped bail. If you try to evade your legal responsibilities, they’ll use their powers to bring you in. 

  1. When Can a Bail Bondsman Make an Arrest?

Bail bond companies will hire a bounty hunter to find and arrest a fugitive when they’ve broken the terms of their bail. For instance, if a defendant has been told to appear in court on a particular date but then fails to show, the bail bond agent will instruct the bounty hunter to bring them in. Bounty hunters can make an arrest when the defendant has a warrant out for their arrest, which could be issued for any number of reasons. It’s important to fully understand the terms of your release and make sure you follow them all.

  1. The Legalities Surrounding Bail Bondsmen Arrests

Bail bondsmen can hire bounty hunters to arrest defendants who have an active warrant. Bounty hunters have the power to enter private property and use reasonable force to detain an individual. In California, bounty hunters need a license to operate. 

  1. Bail Bondsmen vs. Law Enforcement: Clarifying the Differences

So let’s wrap it up with a quick recap. Bail bondsmen are there to help arrested individuals post bail and return home until their court appearance. Law enforcement is there to arrest people who have broken the law. If you miss your court appearance, then a bail bond agent can’t arrest you — but they can hire a bounty hunter to do so on their behalf. Unlike bail bond agents, bounty hunters have the power to legally arrest individuals who have a warrant out for their arrest. 

If you or a loved one require the services of a bail bond agent in San Diego, then get in touch with King Stahlman Bail Bonds by clicking here.