Bail Bond Agents Use Of Force In Florida

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Multi-State
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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

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.

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.

CHAPTER 776. JUSTIFIABLE USE OF FORCE. 776.012 Use or threatened use of force in defense of person. 776.013 Home protection; use or threatened use of deadly force; presumption of fear of death or great bodily harm. 776.031 Use or threatened use of force in defense of property.

Use of force to prevent escape. (1) A law enforcement officer or other person who has an arrested person in his or her custody is justified in the use of any force which he or she reasonably believes to be necessary to prevent the escape of the arrested person from custody.

A person who uses or threatens to use deadly force in ance with this subsection does not have a duty to retreat and has the right to stand his or her ground if the person using or threatening to use the deadly force is not engaged in a criminal activity and is in a place where he or she has a right to be.

Intent of chapter. 727.101 Intent of chapter. —The intent of this chapter is to provide a uniform procedure for the administration of insolvent estates, and to ensure full reporting to creditors and equal distribution of assets ing to priorities as established under this chapter.

(1) A person is justified in using or threatening to use force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to prevent or terminate the other's trespass on, or other tortious or criminal interference with, either real property other than ...

The uniform bond schedule The new law mandates the Florida Supreme Court to establish a uniform schedule for specific offenses not included in the “dangerous crime” category. This schedule became effective on January 1, 2024, outlining set bond amounts for various felonies and misdemeanors.

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Bail Bond Agents Use Of Force In Florida