Bail Bond Agents Use Of Force In Pennsylvania

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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

(a) Use of force justifiable for protection of the person. --The use of force upon or toward another person is justifiable when the actor believes that such force is immediately necessary for the purpose of protecting himself against the use of unlawful force by such other person on the present occasion.

Generally, you are charged with a summary offense for disorderly conduct. This means that the potential consequences include up to 90 days in jail and a fine of up to $300. However, if your intention is to cause substantial harm or serious inconvenience, then you will be charged with a third degree misdemeanor.

Section 2719 - Endangerment of public safety official, 18 Pa. C.S.

--Criminal mischief is a felony of the third degree if the actor intentionally causes pecuniary loss in excess of $5,000, or a substantial interruption or impairment of public communication, transportation, supply of water, gas or power, or other public service.

Use of force in law enforcement. (ii) the person to be arrested has committed or attempted a forcible felony or is attempting to escape and possesses a deadly weapon, or otherwise indicates that he will endanger human life or inflict serious bodily injury unless arrested without delay.

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.

§ 2715. Threat to use weapons of mass destruction.

§ 1103: First-degree aggravated assault is punishable by up to 20 years of imprisonment and up to $25,000 in fines.

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 the Commonwealth of Pennsylvania, bail is set in almost all cases, including misdemeanors and felonies, except murder cases punishable with a life sentence or the death penalty. Also, a court may deny bail if that is the only possible way to make sure the defendant appears in court.

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Bail Bond Agents Use Of Force In Pennsylvania