What Is The Role Of A Bail Bond Agent?

Bail bond agents play a variety of roles in the enforcement of the law. They can be thought of as bounty hunters, which is what bail bond companies do. Bounty hunter’s aim is to find defendants who do not attend court. These professionals track down defendants and make sure their trials proceed or arrest them after they violate bail conditions. Bail bond agents do not have the same authority as police officers. They can, however, make arrests as we will discuss below.

Authority Of Bail Bond Agents

What authority do bail bond agents have?

Bail bond agents are allowed to carry firearms and make arrests. They do not, however, have the same powers as police officers in terms of investigating crimes, enforcing traffic laws, or cordoning off specific areas. The authority of bail bond agents is more circumstance-dependent. Bounty hunter’s powers are only available if the defendant does not comply with their bail conditions, and a judge issues a warrant.

The Requirements For Bail Bond Powers

What is required to obtain bail bond authority? Many aspiring bail agents ask this question before they become professionals. Most states have regulations on who can be a bail bonds agent. To ensure public safety, the law stipulates that individuals must meet certain requirements.

Bail bond agents must be at least 18 years old. Candidates must complete at least twenty hours of training and pass a background investigation. They must eventually pass a written test and post a $1000 surety bond to protect the public. The Department of Insurance must issue licenses to bail bond enforcers. The DOI lists the requirements to become an enforcer of the law.

Understanding Bail Bond Arrest Power

The power to arrest people on bail bonds only applies under certain circumstances. Enforcement officers cannot use it at will.
Bail agents may use arrest powers if they have a warrant to arrest the suspect. Judges can issue arrest warrants if they believe that you have violated your bail conditions. Many defendants are in violation of bail conditions after being released from prison because the list can be lengthy. Judges can, for example, order defendants not to go to certain areas or stay out too late.

Bail agents will have greater power to enforce the laws once this occurs. Agents send teams to arrest people and return them to court.
Most states do not limit the powers of bail bondsmen to arrest. Bail agents, for example, cannot use excessive force in order to arrest you. Bounty hunters must use “reasonable” force, meaning it should be proportionate. Agents can arrest a suspect who resists arrest physically but cannot intentionally inflict pain or injury.

It is also illegal for bail bond agents to intimidate, harass, or threaten defendants. They are only responsible for ensuring the safety of the suspects and that they return to the courtroom so the law can be properly administered.
Contrary to popular belief bail bond enforcers are allowed to enter private residences and perform arrests with a warrant. Agents must otherwise respect the property boundaries of the defendant. Trespassing is when you step onto the property without permission.

Steps Bail Bond Agents Follow During An Arrest

During an arrest, bail bond agents are required to follow a number of steps in order to comply with the law. Agents must carefully balance the need to arrest a defendant with public safety.

1. Identification

First, bail bond agents have to identify themselves. The defendant may recognize the bail bondsman, but it is not guaranteed (if the bail bond was purchased over the phone, or online).
Bail bond agents always carry identification cards. To confirm their identity, defendants can check online through the CDI. They can also call the bail bonds company.

2. Why Bond Arrests Happen

Agents of bail bonds must explain the reason behind the arrest, and then present a signed warrant by the judge. The following are examples of violations that may lead to arrest:

  • How to remove a tracking tag
  • Failure to appear at a court hearing
  • Failure to appear in court on the day of trial
  • Breach of curfew and staying out late at night
  • Traveling outside of state with the express permission from the judge or court
  • Violation of a restraining or harassment order
  • Accused of additional crimes

3. Defendant Rights

If the arrest is based on suspicion that the defendant has committed another crime, bail bond agents are also required to read the rights of their client. If you find yourself in this situation, it is important to seek legal advice immediately.

4. Inmate Delivery

The bail agent must then deliver the defendant to relevant officials. After that, the law enforcement agency will decide how to proceed with the defendant.

What rights does the bail bond agent have if an arrestee feels that their arrest is unlawful? Most states offer arrestees several options to challenge the arrest and detention of bail bond officers. can challenge the warrant in some cases, even if the arrest was legal. This often requires going to court.

Defendants can challenge the arrest as well. The arrest would be illegal if the bail bond enforcers used excessive force. The law also prohibits bail agents from engaging in illegal behavior (such as stealing goods from a private home) or not following the above procedure.