If you are dealing with bail bonds for the first time, you probably have plenty of questions concerning how this process works, and what your rights are. One of the most important questions is can a bail bondsman arrest you. There are a lot of myths and misconceptions that swirl around this topic, so let’s look at some facts concerning this important topic.
Can A Bondsman Legally Arrest You?
The short answer to this question is yes. A bail bondsman or the bond company can in fact arrest you. But, there are details that are important to consider. You should be aware of who, how and when an arrest can legally be made.
Who Can Arrest You?
There are many parameters surrounding how a bail bond company can complete an arrest. It is not automatic that you will get arrested if you fail to show up for court. Technically, the bond company would hire a bounty hunter, who is authorized to find you and arrest you.
Why Would You Get Arrested?
You would get arrested if you failed to uphold any aspect of the agreement you made with the bond company. If you are entering an agreement with a bond company, it is imperative that you read the details of your agreement very carefully. Be sure that you are okay with all details before signing something.
Remember, when you sign a bail bond, you are in fact giving up some of your rights. You are obligating yourself to certain legal responsibilities as well. Failing to uphold your part of this agreement could result in an arrest.
The most common reason a bond company would want to arrest someone is for not showing up to court. The reason for this is because if you do not show up for court, then the bond company is not refunded the money they put up for your bond. They only receive that money back from the court if you appear properly.
What Will A Bounty Hunter Do?
The bond company will turn to a bounty hunter to bring you into the authorities. When you fail to show up to court, you are considered a fugitive from the law. The bounty hunter will have permission and licensing to do several things in order to bring you in:
- Enter property if there is a warrant.
- Enter someone else’s property with their permission if it is believed that the fugitive is there.
- Arrest you using force to bring you before the proper authorities.
What Rules Does The Bounty Hunter Follow?
The bounty hunter that a bond company may use is required to follow certain rules concerning the arrest of a fugitive. If the bounty hunter does not follow these rules, they will be held liable and the fugitive could sue them. Mistakes a bounty hunter might make can include:
- Arresting the wrong person
- Damaging property
- Using unnecessary force
- Causing injuries
The best way to avoid any more complications with a bond company is to uphold your part of the bond obligation and to appear at court dates properly.