BY | October 27, 2023

When a bail bond company provides a surety bond, they're promising that the defendant will turn up to court. If the defendant doesn't make their appearance, they could be on the hook for the full amount of the bail. So it's in the bail bond company's best interests to ensure their client gets to court on the right date and at the right time. In the event the defendant misses court, the bail bond agency is often given 180 days to locate the defendant and get them to appear.

But does this mean that a bail bondsman has the power to arrest someone? Or do they need to leave the arrest to others who have the authority to do so, such as the police or bounty hunters? This interesting question also has an interesting answer, and it's helpful to understand it when taking out a bail bond.

1. Bail Bondsmen: Arresting Power Explained

Can a bail bondsman arrest anyone? Do they have the power to do so? In short, a bail bondsman does not have the power of arrest because bail bondsmen aren't law enforcement officers. However, a bail bondsman does have the authority to make sure someone appears in court.

Additionally, bail bond companies will often hire bail enforcement officers, otherwise known as bounty hunters. Bail enforcement officers are licensed to apprehend defendants in California. They can enter private property, detain the defendant, and transport them to hand them into the authorities. Bounty hunters in California need to have the correct training and licensing to be able to arrest people.

2. Understanding the Role of Bail Bondsmen

Bail bondsmen can help people post bail after they have been arrested and charged. After an arrest, bail may be set before the defendant can be released. The bail is paid as a promise that the defendant will return to court when they are asked to. If they fulfill their promise, the money is returned. For those who can't pay the full amount of their bail, bail bondsmen can help. The defendant can pay just part of the bail, typically 10%, while the bail bond agency pays the rest.

When a bail bond agency extends a bail bond, they are promising that the defendant will make their appearance in court. If that doesn't happen, the bail bond company is on the hook for the cost of the bail. The bail can be forfeited, meaning the bond agency will have to pay. They won't get their money back unless the defendant returns and appears in court. However, they can be given 180 days to make sure the defendant appears after their first failure to appear in court.

3. The Authority of Bail Bondsmen: Arrest or Assist?

If we understand bail bondsmen to be people who provide surety for people who need bail, they don't have the authority to arrest anyone. They are not law enforcement officers and aren't trained to make arrests, so it's not something they can do. What they can do is work with bail enforcement officers, who can detain people. They can assist these bounty hunters in finding defendants and returning them to jail or court.

4. Debunking Common Myths About Bail Bondsmen

There are some common myths you might have heard about bail bondsmen. One thing to keep in mind is that a bail bondsman is not the same as a bounty hunter or bail bond enforcement agent. Bail bondsman or bail bond agent/agency are terms used to refer to those providing bail bonds. On the other hand, bail bond enforcement officers are tasked with tracking down and arresting defendants.

5. Limitations and Responsibilities of Bail Bondsmen

If a defendant fails to appear in court, the bail bond company is often given time to try and find them and ensure they return. However, they are limited in what they are allowed to do, even when fulfilling their responsibilities. Bail bondsmen in California have to follow strict regulations on a number of matters. They have to be careful about how they obtain work and are not allowed to solicit business in places such as courthouses or jails.

6. When Can a Bail Bondsman Make an Arrest?

Bail bondsmen don't have the right to make arrests. What they can do is work with bail enforcement officers who can make arrests. A bail enforcement officer, or bounty hunter, has the right to detain and transport someone to return them to jail or court. They can use reasonable force, enter private property, and carry firearms if they have the correct permit.

7. The Legalities Surrounding Bail Bondsmen Arrests

It's important to recognize that bail bond enforcement agents are not law enforcement. Therefore, they don't have exactly the same powers. They have the right to track down and detain people who have skipped bail within the United States (but not in other countries) and return them to custody. They must have the required training and licensing and follow the rules and regulations set out for bail bond enforcement agents in California.

8. Bail Bondsmen vs. Law Enforcement: Clarifying the Differences

No one involved in the bail bond process is a law enforcement officer. While bail bond enforcement officers do have the power to detain people, it doesn't mean that they are law enforcement. They don't have the same authority as law enforcement, such as the ability to investigate crimes or enforce laws. Their only role is to track down fugitives and bring them back into custody. They are afforded certain powers in order to do this, but they must have the correct license and training. They are required to act within the law and to follow strict ethical and legal standards.

In some ways, the powers of bail bond enforcement agents can exceed those of the police. They can cross jurisdictional borders and may be allowed to use trickery to get a defendant where they want them.

When a defendant skips bail, a bail bondsman is unlikely to personally come after them. Instead, bail bond enforcement agents are often hired to find and detain them.