Bail Bond Agents Use Of Force In Bronx

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State:
Multi-State
County:
Bronx
Control #:
US-00006DR
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Description

A bail bond is a bond provided by an insurance company through a bail bondsman acting as agent for the company, to allow an accused defendant to be released before trial. A bail bond is designed to ensure the appearance of the defendant in court at the scheduled time. Prior to the posting of a bail bond, the defendant or a co-signer must guarantee that they will pay the full amount of bail if the defendant does not appear in court. The bail bond company usually charges 10 percent of the amount of the bond and often requires the defendant to put up some collateral like a seconded of trust or mortgage on one's house.


When the case is concluded, the bail bond is "exonerated" and returned to the insurance company. If the defendant disappears and fails to appearing court (skips bail), the bond money will be forfeited unless the defendants found and returned. The bond may be forfeited, by order of the court, upon the partys failure to appear or to comply with the conditions of the bond. If the defendant is located and arrested by the bail agent the cosigner is responsible for all expenses the bail agent incurs while looking for the defendant.

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FAQ

A: In California, bail bondsmen, often referred to as bounty hunters, have specific rights under the law, but these rights are not absolute. If someone has skipped bail, a bail bondsman has the authority to apprehend them, but this authority is limited when it comes to entering a private residence.

While bail enforcement agents are authorized to carry firearms and make arrests, they do not have the same authority as police officers. They do not have the power to investigate crimes, enforce traffic laws, or carry out other law enforcement duties.

Use reasonable force: Bail enforcement agents in California are allowed to use reasonable force to apprehend a defendant, but they must avoid using excessive force.

Bail enforcement agents have the authority to arrest fugitives who have skipped bail but their jurisdiction is limited. They must operate within the legal framework of the state where the bail was granted and where they are attempting to apprehend the fugitive.

Bail bond agents can carry firearms (like regular citizens) and make arrests in California. However, they do not have the same power as police officers to investigate crimes, enforce traffic laws, or cordon off specific areas. The authority of bail bond agents is more circumstance-dependent.

Agencies send teams to arrest individuals and return them to court or jail. However, California limits bail bond arrest powers. For instance, bail agents cannot use excessive force to arrest you. Bounty hunters must apply “reasonable force” instead, which means it should be proportionate.

Use reasonable force: Bail enforcement agents in California are allowed to use reasonable force to apprehend a defendant, but they must avoid using excessive force. They can use physical force to defend themselves or others, but they cannot use force that is likely to result in death or serious bodily harm.

A: In California, bail bondsmen, often referred to as bounty hunters, have specific rights under the law, but these rights are not absolute. If someone has skipped bail, a bail bondsman has the authority to apprehend them, but this authority is limited when it comes to entering a private residence.

A bails bondsman is not allowed to harass you in order to locate the defendant.

More info

Code: BB - Bail Bond Agent Insurance Law Section 6802. Exam Required: Yes Exemption from Examination: None.New York, NY: New York City Criminal Justice Agency; and Pretrial Justice Institute. March. 2012. "Bail enforcement agent," also known as "bounty hunter," means any individual engaged in bail recovery. The judge may also allow you to post bail in the form of a bond. Prior to accepting a bail bond, verify the incarcerated individual has cleared wants and warrants through the Who's In Jail? Website under – Bail Information. The judge may also allow you to post bail in the form of a bond. Two police officers wounded in a shootout with the suspect were in stable condition.

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Bail Bond Agents Use Of Force In Bronx