What can a bail bondsman do, and are they allowed to arrest people? In this guide, we’ll explain the main roles of bail bondsman and the legalities surrounding whether or not they can perform arrests.
What Is A Bail Bondsman?
A bail bondsman - like Mr. Nice Guy Bail Bonds - will help individuals who have been arrested for committing crimes. Before you are tried for the crime, you’ll be placed in police custody with a bail amount set. Paying bail allows you to go home for the time being, so you can prepare for court or be with your family instead of a prison cell. Depending on the bail amount, you may struggle to cover it alone - which is where your bail bondsman comes to help.
We will provide a bail bond, which is an agreement between us and the court. It states that you will attend the given court dates without any issues, and we’ll pay a chunk of the bond for you. All you have to do is pay a small 10% fee for the service, and you’re free to go home while awaiting trial. It’s a very simple process - unless the defendant chooses to overcomplicate things.
The most common issue is when a defendant doesn’t appear in court. They’re hit with a failure to appear charge, which then has negative consequences for the bail bondsman. The court will forfeit the bail and order the bail bond company to pay it in full unless they locate the defendant within a given time period.
If you are ever in a position like this where a bail bondsman needs to locate you, you’re probably wondering if they can legally arrest you or not. The answer is slightly complicated, so allow us to explain what typically happens.
Can a Bail Bondsman Arrest Anyone For Skipping Bail?
Technically speaking, a bail bondsman is not a registered law enforcement officer. As a result, they don’t have the legal power to go up to someone on the street and place them under arrest.
Having said that, they are allowed to hunt down and locate individuals that have skipped bail. As mentioned earlier, if a defendant doesn’t meet the bail terms and conditions, the court may forfeit the bail. This will mean the bail bond company loses a lot of money - though the court will let them find the defendant and bring them back to court or into police custody. From here, they can go through a motion to reinstate bond hearing, allowing a new bond to be in place so the bail bondsman doesn’t lose money.
In situations like this, a bail bondsman will be allowed to arrest the defendant. This is because they are technically a fugitive and the court has given them permission to find and detain the individual.
Bail bondsman can detain their clients when they enter fugitive status, though most won’t choose to do so. This is down to a few concerns:
- The potential dangers associated with arresting a fugitive
- The fugitive fleeing outside state lines - the bail bondsman can’t legally take action outside the state they’re licensed in
- A lack of time - bail bond companies have many clients and might be unable to allow agents to go out searching for and arresting fugitives
As a result, a bail bondsman will likely hire someone else to arrest the fleeing client on their behalf. They may also do the work themselves in locating the individual, but pass the details to the police so they can perform the arrest.
How do Bail Bondsmen Typically Arrest Fleeing Clients?
Most bail bondsmen will hire bounty hounters to carry out searches and arrests for them. Bounty hunters are often depicted in movies as scart mercenaries for hire. In reality, they are licensed professionals that are legally allowed to apprehend fugitives. This includes individuals that skip bail and are currently missing.
The bounty hunter will find evidence to locate and track down the person, which may mean they cross state borders. We touched upon this above, but a bail bondsman can only operate within the state they’re licensed. If a client flees to a neighboring state, they will need a bounty hunter to collect them.
What Happens if You’re Arrested by a Bail Bondsman?
If you have been arrested by a bail bondsman or by someone else on their behalf, you’re probably wondering what happens next.
Firstly, you will be taken back to prison where the court may schedule a bail reinstatement hearing. In this hearing, you will have to give reasons for skipping bail and not attending court dates. If a legitimate reason is provided, the court may reinstate your bail and you’ll be given a second chance.
When no legitimate reason is given, or the court doesn’t approve the reasoning, bail is forfeited and you may not be allowed future bails. This will unfortunately mean you have to spend time in prison until the court proceeedings - and you’ll also have an extra charge added for failing to attend court dates.
Your bail bonsman will also suffer in this scenario, with the court ordering them to pay the full bail amount. This is why it’s really important to work closely with a bail bondsman and to meet the terms and conditions of bail.
Avoid Complications By Working With A Trusted Bail Bondsman Today
If you or someone you know has been arrested and you can’t meet bail, working with a bail bondsman is the best solution. The team at Mr. Nice Guy Bail Bonds will help you get a bail bond that lets you go home as you await trial. We’ll work closely with you and provide reminders of court dates, so you don’t accidently miss any. If you ever have problems and know you won’t be able to make the required court dates, we’ll help you contact the court and come to a solution.
With our help, you can get a bond reinstated or court dates moved without worrying about any extra charges or being made a fugitive. Contact us today to learn more.
