If you've ever used a bail bonds service in the past, then asking whether a bail bondsman can 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 someone 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 here is an in-depth guide explaining the role a bail bondsman may play in the arrest process.
Bail Bondsmen: Arresting Power Explained
Can a bail bondsman arrest anyone? The straightforward answer is 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 dictating what a bounty hunter can and cannot do, but they can put a defendant in handcuffs and take them to the police station, much like the police would. In California, bounty hunters must undergo training and hold a license to operate legally.
Understanding the Role of Bail Bondsmen
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. When a person is arrested, they'll nearly always be given a bail amount they can pay to be temporarily released. However, since bail values can run into tens of thousands of dollars, most people are unable to pay the full value on their own, and that's where a professional bail bondsman comes in, posting bail in exchange for a fee, usually 10% of the total bail value. 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, the agent risks losing the bail amount they paid, so at that stage they'll take steps to ensure the individual shows up, including hiring a bounty hunter.
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, the agent will do whatever they can to bring you in, because if you don't appear they will forfeit the money they spent getting you out of jail. Bail bondsmen don't go around arresting people themselves — they're not legally allowed to — but they will likely make contact with you directly before escalating. Many people miss a court appearance due to a simple error or unique circumstances such as illness, and if a bail bond agent can easily get in touch and everything is explainable, there'll be no reason for any arrests. If the agent can't get in touch, or receives word that the person plans to intentionally skip their appearance, they'll likely work with a bounty hunter to bring that person in.
Debunking Common Myths About Bail Bondsmen
There are a lot of misconceptions about bail bondsmen, largely because most people get their information from movies and television. First, bail bond agents are not law enforcement agents — they deal with what happens after an individual is arrested, and it's their job to get the person out of jail, not put them in. That said, if their client breaks the rules of the bail agreement, they'll do what it takes to bring them in, or they risk losing a lot of money. Second, they usually don't make arrests directly; instead they work with a bail enforcement agent, more commonly called a bounty hunter, who makes a living bringing in people who have skipped bail. And finally, your bail bond agent is not out to get you — it's best to view them as your partner. Hiring a bounty hunter is a last resort, so if you have any problems while out on bail, contact your agent as soon as possible for advice.
Limitations and Responsibilities of Bail Bondsmen
Bail bondsmen do more than just help people get out of jail — they also stay in contact post-release and ensure the defendant shows up for their court appearances, and they'll 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, so if you try to evade your legal responsibilities, they'll use their powers to bring you in.
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 fails to show, the 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, so it's important to fully understand the terms of your release and follow them all. Bounty hunters have the power to enter private property and use reasonable force to detain an individual, and in California they need a license to operate.
Bail Bondsmen vs. Law Enforcement: Clarifying the Differences
To recap: bail bondsmen are there to help arrested individuals post bail and return home until their court appearance, while law enforcement is there to arrest people who have broken the law. If you miss your court appearance, 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, get in touch with King Stahlman® Bail Bonds.