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Surety Bail Bonds
A private system of bail, free of taxpayers support. Privately licensed bail agents post bonds with the court, guaranteeing a defendant's appearance. Appearance becomes the sole responsibility of the bail agent and is the most effective bail system.
A percentage of the bond is posted with the court by the arrestee or their families. This is a governmental system. While the complete online court receives 10% of the bond, 90% is forfeited if an individual fails to appear.
Own Recognizance Bonds
This system is a government system in which people who have not been arrested before swear before the court that they will appear on their own accord for all required court dates.
What is an arrest?
According to Black's Law Dictionary the absolute definition of ''arrest'' is the apprehending or detaining of a person in order to be forthcoming to answer an alleged or suspected crime.
How does a Bondsman Work?
If a Defendant does not have the actual cash amount of the bail set by the judge, they may contract the services of a bail bondsman. The bail bondsman is paid a percentage of the bail amount, 10% with sufficient collateral for the remaining money. He then posts a surety bond with the court ensuring the dollar amount of the bond as set by the judge to be paid in the event that a forfeiture occurs.
What if the person does not show for court?
The bail bondsman who posts the bond with the court has the right to apprehend (arrest) the defendant and produces him or her to the court of jurisdiction. If this is done within a time frame as set by the court, the bail bondsman will be able to recover his losses. The Bail Bondsman can delegate his authority to arrest to another, such as a Bail Enforcement Agent or Bounty Hunter.
How are Bondsman Governed?
Bondsman or sureties, have the authority to arrest their Principal (the person on bond) from a Supreme court ruling cited Taylor v. Taintor, 16 wall, 366 which states, in part: ''When bail is given, the principal is regarded as delivered to the custody of his sureties. Their dominion is a continuation of the original imprisonment. Whenever they choose to do so, they may seize him and deliver him up in their discharge, and if that can not be done at once, they may imprison him until it can be done. They may exercise their rights in person or by agent. They may pursue him into another state; may arrest him on the Sabbath; and, If necessary may break and enter his house for that purpose. The seizure is not made by virtue of new process. None is needed, It is likened to the re arrest by the Sheriff of an escaping prisoner.'' Also se : Masterson v. Hathaway, 296 111.42, 68 N.E. 1053 and Commonwealth v. Brickett, 8 Pick. ( Mass) 138; Pickelsimer v. Glazener, supra, Cf Ex Parte, Chance, (D). (C Tex; 2 Fed. Supp. 393 andcases collected in 73-1370; Cartee V. Staet, 162 Miss. 272, 139 So. 620; United States v. Lee, (D.C. Ohio) 17 Fed.)
Bail Enforcement Agents derive their authority to arrest from the Surety who in turn is supported by Nicollis v. Ingersoll, 7 Johns, 154 which reads, in part: ''I see nothing, on general principals, against allowing this power to be exercised by an agent or deputy, and no case is found where this right has been denied...."
Are Bail Enforcement Agents Licensed?
Indiana requires bounty hunters to have a ''Runners License'' and/or to complete designated hours of classroom training, whereas some states do not have regulations regarding the bail enforcement industry. This is rapidly changing with a national trend towards states' legislation to refine and define who bounty hunters are and what they can and cannot do. This movement requires all bail enforcement agents to successfully complete a certification and licensing procedure before being allowed to apprehend a fugitive bail jumper.