Defendants must abide by not only the rules of the court when they are out on bond, but they must also abide by the rules given to them by the bondsman. When they fail to comply with any rules set forth during the bail bond process, the right to arrest kicks in.
When does a bail bondsman have the right to arrest a defendant?
The right to arrest by a bail bondsman kicks in when the defendant fails to comply with the rules of the court and or the bail bond contract. When the defendant disobeys rules and laws, the bail bondsman is then allowed to arrest the defendant and bring them directly to jail.
What are some of the rules to be on bail bonds?
- Defendant may not do drugs and may be subject to drug testing at any given moment
- Defendant may not commit any additional crimes nor have interaction with law enforcement
- Defendant may not be allowed to drink alcohol
- Defendant may not be allowed to have access to the internet or electronic devices allowing them to gain access to the internet. This depends on the charges.
- Defendant must appear to all court appearances
- Defendant must contact the bondsman on a weekly basis; either by phone, face-time, or coming in to the bail office.
- Defendant is not allowed to leave the area unless authorized by the court
- Defendant is not allowed to contact their victim(s)
If the defendant does not appear in court, the bail bonds company (and the cosignor) can file a complaint against the fugitive. Not only can bondsman take the defendant to the any local or county jail; but they have the right to pursue the fugitive to any house to effect the arrest. As they are not government agents, they are not required to request an arrest warrant and can detain suspects for as long as it takes to bring them to the authorities. The bail bondsman (and bounty hunter(s)) must ensure that he keeps all the documents proving that he is allowed to find and detain the fugitive while doing so.
Can a bail bondsman be arrested legally?
In addition to looking for the person on their own, bonding companies can hire bounty hunters. The law that allows bounty hunters to carry weapons varies from state to state, and some jurisdictions require bounty hunters to wear clothing that clearly identifies their profession. There are also often additional restrictions on bounty hunters crossing state lines while pursuing defendants.
Because bounty hunting is illegal in nearly all developed countries outside the United States (with the notable exception of the Philippines), bounty hunters cannot capture their target by fleeing to other countries. The United States has arrested and extradited wanted bounty hunters from other countries, most notably Mexico and Canada.
Video: What is The Right To Arrest
Bounty hunter arrest rights and how it works
What is the right to arrest? Bail agents and bounty hunters have a greater license to arrest than law enforcement due to the Supreme Court decision of “Taylor vs. Taintor.” Bail agents and bounty hunters are not required to obtain additional warrants or extradition papers to effect the right to arrest and can enter the residence of the defendant or indemnitor for the purpose of arrest to bring the defendant back to court. Although, it is a good idea to know state and local laws when apprehending a fugitive. Checking in with the local police department or sheriff office is wise. If a bounty hunter apprehends a fugitive without checking up on the laws they may be faced with fines or jail time for kidnapping charges.
I was picked up by the police and was able to bond out but my bail agent said I didn’t check in on Monday and I know I did because I talked to the secretary. I have phone records to prove it. Did they have a right to arrest me and put me back in jail or was this a bail scam?