Arrest Authority of Bail Bond Agents

A bail bond, with sureties, is a contract between the government on the one side and the accused and his sureties on the other.  Under the contract the accused is released into the custody of the sureties on their monetary guarantee that such accused released from jail shall be present in court at the appointed time.
A bail bondsman is any person or corporation who acts as a surety and pledges money or property as bail for the appearance of a criminal defendant in court.  Bail bondsmen are licensed and regulated through the Department of Financial and Consumer Services.  They are also backed by insurance companies.  However, a professional bail bondsman can pledge his/her own assets and they do not need an insurance company’s backing.
Some states provide professional bondsmen licensing requirements.  Any person who makes a business of furnishing bail in criminal cases or who furnishes bail in five or more criminal cases in any one year, whether for compensation or otherwise, shall be deemed a professional bondsman and shall be subject to the provisions of the statute.  Any resident elector of the state of Connecticut who is of good moral character and of sound financial responsibility may, upon obtaining a license in accordance with the provisions, engage in the business of professional bondsmen within this state[i].
It is beneficial for the bondsman to perform his/her own pickups when his/her defendants fail to show up in court.  Contracting with a bounty hunter to locate and capture the skip can be risky.  Bail bondsmen have complete authority over their own defendants who fail to show up in court.  Unless, a bail bondsman has run out of leads in going after someone they normally pursue their own fugitives.
In the event of failure by the defendant to appear for trial on the date specified in the bail bond, the court shall issue a warrant for the defendant’s arrest for “jumping bail,” and the amount of the bond will be forfeited to the court.  The statutes authorize a bail agent to arrest the defendant and bring him/her back for criminal proceedings.
Here is an example of a state law dealing with the arrest of an accused by a surety or a bail bond agent:
Any person released on a deposit by a third person or an appearance bond secured by a surety, may be arrested by the depositor, surety, or his agent, and delivered to the custody of the Chief of Police.  The depositor or surety shall at the same time deliver a copy of his deposit receipt or bond to the Director who shall acknowledge such delivery by a certificate in writing.  The Chief of Police shall take custody of the person arrested and forthwith file the copy of the deposit receipt or bond and his certificate in the Court in which the action is pending and bring the depositor or surety exonerated, and shall, after notice to the prosecuting attorney, either release the person on such new conditions as are reasonably necessary to assure the person’s appearance as required or the safety of any other person and the community or detain the person until s/he has furnished the necessary security[ii].
A bail bond may be similarly used in cases of civil arrest to prevent a defendant from fleeing a jurisdiction to avoid litigation.  The possibility that the accused shall flee or hide must be squared with the traditional right to freedom pending trial.  In order to reconcile such conflicting interests the release on bail is conditioned upon providing reasonable assurance by the accused in one form or another that s/he will appear at a certain time to stand trial.
The bail bondsman’s right to arrest has been long established by a court decision in which it stated that the bondsman or bounty hunter could do any of the following: seize the fugitive and deliver him/her up in their discharge; pursue the fugitive to another state; arrest the fugitive on the Sabbath and could break into the house for that purpose[iii].
However, the bail bondsman’s authority to arrest a fugitive differs in each state.
[i] Conn. Gen. Stat. § 29-144.
[ii] 8 GCA § 40.45.
[iii] Taylor v. Taintor, 83 U.S. 366 (U.S. 1873).

Licensing and Arrest Authority of Bounty Hunters

The person into whose custody an accused is remanded as part of the accuser’s bail has sweeping rights to recover that person.  In many states across the U.S., bail bondsmen employ bounty hunters to capture fugitives.  Bounty hunters capture fugitives for bounty ie., monetary reward.  In different states, bounty hunters are known by different names such as bail enforcement agent, fugitive recovery agent, runners, and bail fugitive investigator.  Pursuant to Burns Ind. Code Ann. § 27-10-1-9, a recovery agent means a person who is offered or given compensation by a bail agent or surety in exchange for assisting the bail agent or surety in apprehending or surrendering any defendant or keeping a defendant under necessary surveillance.
In the U.S., depending on the states in which they operate, bounty hunters have varying levels of authority in their duties.  Many of the states in the U.S. recognize bounty hunting as a profession such as New Hampshire.  Some states like Illinois prohibit bounty hunting.
Some states require a license to be a bounty hunter while others do not.  In some states, bounty hunters do not undergo any formal training, are generally unlicensed, and only require sanction from a bail bondsman to operate.  In some states bounty hunters must undergo a background check and must complete various courses.  Some states prohibit bounty hunters from carrying firearms without proper permits.  Some states require bounty hunters to wear identity cards while performing their duties.
Some states recognize arrest by bounty hunters.  Bounty hunters exercise only limited power to arrest fugitives.  When they affect arrest, a bounty hunter must obtain written authorization from the concerned bondsmen or the cout.  After arrest, the bounty hunter must surrender the fugitive to a peace officer or the state.
In some states, the Department of Safety and Homeland Security is responsible for overseeing the activity of Bounty Hunters and licensing Bail Enforcement Agents.  The Department of Insurance regulates them in some states.  In other states, the General Assembly controls the activities of bounty hunters.
Additionally, an out-of-state bounty hunter must comply with that state’s laws in which s/he enters for capturing a fugitive.

Laws for Bounty Hunters in New Jersey

In New Jersey, laws governing bounty hunters can be found in Chapter 19, Title 45 of the New Jersey Statutes.

New Jersey Statutes 45:19-29

a."Bounty hunter" means and includes any bail runner, bail recovery agent, bail enforcement agent, fugitive recovery agent or any other person who, for fee, hire or reward: makes any investigation or investigations as to the location or whereabouts of any person who has violated the provisions of N.J.S.2C:29-7 or has failed to appear in any court of law in this State or any other state, when so required by law, or has failed to answer any charge, subpoena or court ordered inquiry, when so required by law; engages in or assists in the apprehension, arrest, detention, confinement, surrender or securing of any such person; or keeps any such person under surveillance.

The term shall mean and include any person who owns or operates any agency, firm, association, corporation or other entity which is organized primarily for the purpose of engaging in any of the above enumerated activities, and to any employee, agent, associate or subcontractor of any such agency, firm, association, corporation or other entity who performs any of the functions, activities or services of a bounty hunter as described in this subsection.

The term shall not mean or include, and nothing in this act shall apply to, law enforcement officers of this State, or of any political subdivision of this State, while in the actual performance of their duties, nor to officers or employees of any law enforcement agency of the United States or of any State, Territory or Possession of the United States, while in the actual performance of their duties.

Become A Bounty Hunter

Bounty Hunting became regulated by the Division of State Police in 2005 in New Jersey “in order to ensure greater accountability and integrity within the bounty hunter industry, to ensure greater protection of individual rights and to further public welfare and safety.” This means that while Fugitive Recovery Agents in the state no longer enjoy the freedom of being unregulated, it is now essential that they maintain safe and effective practices, which will benefit the public image of Bounty Hunters and the Bail Enforcement industry as a whole.

To become a Bounty Hunter in New Jersey one must have at least five years experience as either a private detective, a law enforcement officer, or as a Bounty Hunter prior to the establishment of legal regulation. Even if one has experience as a Bounty Hunter they must also complete a training course approved by the commissioner of the Division of State Police. Thus, to become a bounty hunter one must have significant previous experience.

To become a law enforcement officer requires formal education and training through the Division of State Police. Private detective licenses are available through the New Jersey State Police and are only obtainable if a number of requirements, such as good moral character and a clean criminal record have met.

A license is required to become a Bounty Hunter in New Jersey. Aside from the aforementioned experience, those applying must be at least 25 years old and a U.S. citizen. It is important to note that those with experience as a law enforcement officer may not be currently employed by any law enforcement agency. They must also submit fingerprints and a criminal history background check showing that they have no prior convictions and pay a $300 application fee. Once approved, one has 3 months to complete an approved bounty hunter training course at a school such as the US Recovery Bureau. Licenses must be renewed every two years, a process that costs $200.

Bounty Hunting

In the Wild West, when outlaws like Jesse James and Butch Cassidy roamed the land, local sheriffs didn't have the resources to track them down alone. So they put up "Wanted" posters offering huge rewards for their capture (Jesse James was worth $5,000 -- big, big money at the time). Bounty hunters answered the call, tracking the bad guys relentlessly for a piece of the reward money. They did anything it took to bring in the outlaws, "dead or alive."
Today, the stereotype of the rogue bounty hunter remains, even though most modern bounty hunters are trained and licensed professionals. The Wild West free-for-all has been transformed into a real business and an integral part of the American justice system.
In this article, we'll find out how bounty hunting works, learn the history of the profession and follow Bob Burton, one of the country's top bounty hunters, on the search for a fugitive.
When you watch a news story that involves an arrest, you may hear something like, "Bail was set at $100,000." Bail money is set to ensure that the person who is charged with the crime shows up in court. The more serious the crime, the higher the bail amount. For the most dangerous criminals, no bail is set at all -- they must remain in police custody.
Not everyone who is accused of a crime can afford bail money, which can run into the hundreds of thousands (if not millions) of dollars. In those cases, a bail bondsman will step in and put up a bail bond -- sort of like a loan -- in return for a percentage (usually 10 percent) of the total bail. The bail bondsman will then secure a bail bond from an insurance company. The bail bond acts as insurance guaranteeing that the accused will show up for his or her scheduled court appearance. But if the accused decides to skip town and miss the court appearance (which about 20 percent do), the bail bond must be paid -- and it's the bondsman who must pay it. (For this reason, bondsmen usually require collateral from the accused, such as property or a car title.)
Because bondsmen are liable for the bail bond amount, and the police can't always find their man (or woman), many bondsmen hire a professional bounty hunter -- or bail enforcement agent, as they prefer to be called -- to track down "skips." More than one bounty hunter may be assigned to the same case, but professional agents tend to shy away from cases with too much competition.
In return for their services, bounty hunters typically receive anywhere from 10 percent to 20 percent of the total bail bond. An experienced bounty hunter who works 80 to 150 cases a year can earn anywhere from $50,000 to $80,000 annually. But the hours are long and grueling -- sometimes 80 to 100 hours a week, and the work is tough. "As bounty hunters, we're driving around bad neighborhoods, talking to stupid people, drinking cold coffee, and looking for bad guys -- and they talk about the glory of it all," says Bob Burton, director of The National Enforcement Agency. The real reward, he says, is the adrenaline rush that comes from making an arrest. Burton refers to it as "adrenadollars" -- "For every buck we make arresting someone, we make $1,000 in adrenadollars."
By their own accounts, bounty hunters are more effective than the police. According to the National Association of Bail Enforcement Agents, they nab nearly 90 percent of all bail jumpers.



http://www.facebook.com/pages/Rapid-Release-Bail-Bonds-Inc/167840696561389?ref=ts&fref=ts