Bail Bond Agents Use Of Force In Georgia

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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

(6) “Forcible felony” means any felony which involves the use or threat of physical force or violence against any person. (7) “Forcible misdemeanor” means any misdemeanor which involves the use or threat of physical force or violence against any person.

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.

In practical terms, use of force amounts to any combination of threatened or actual force used for a lawful purpose, e.g. to effect arrest; defend oneself or another person; or to interrupt a crime in progress or prevent an imminent crime.

Use of Force in Defense of Habitation in Georgia Essentially, it is a self-defense theory that gives a homeowner the right to protect their home with the use of deadly force. Outside of the home, citizens have the duty to retreat to avoid violence if they can reasonably do so.

A person is justified in threatening or using force against another when and to the extent that he or she reasonably believes that such threat or force is necessary to defend himself or herself or a third person against such other's imminent use of unlawful force; however, except as provided in Code Section 16-3-23, a ...

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.

Law enforcement officers should use only the amount of force necessary to mitigate an incident, make an arrest, or protect themselves or others from harm. The levels, or continuum, of force police use include basic verbal and physical restraint, less-lethal force, and lethal force.

The regulation of bail bondsmen is handled by the Georgia Department of Insurance to maintain professional standards and compliance with state laws. They make sure bail bondsmen operate ethically and manage complaints related to their services.

While the state of Georgia does not license bail recovery agents, it does require that they meet certain requirements: Must complete a firearms training course and obtain a gun permit. Must complete an eight hour fugitive recovery course. Must be employed by a bail company. Must be registered with the local county sheriff.

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Bail Bond Agents Use Of Force In Georgia