This article covers what happens when the defendant on bail fails to appear for court, flees, and bail enforcement providers such as bounty hunters are used to locate and recapture the defendant.
We will also cover what happens when the defendant flees the state and must be extradited back to the state in which the defendant fled. Finally, we cover what happens when the defendant flees the country, and international extradition is required to have him returned.
Failure To Appear – Bail Enforcement
If a person charged with a crime fails to show up for their court date, a bench warrant will almost always be issued for the defendant’s arrest. The court will also set a forfeiture date where the charged individual must be located, or the bail amount must be paid.
Prosecutor Files Motion to Revoke Bail
A state prosecutor can file a motion to revoke bail if a defendant has violated the bail conditions or failed to appear for a set court appearance. In states like California, the judicial determination of the defendant’s bail violation can be in front of the same judge that initially set and approved bail.
State Penalties for Failing to Appear on Felony Charges
In states like California, penalties for failing to appear while on bail carry severe penalties. Including but not limited to as many as three years in state prison. A $5,000 fine if the defendant had been released on their own recognizance (OR) and $10,000 if they had been released on bail.
What Happens During Bail Bond Forfeiture?
Bail Bond Forfeiture results when the accused misses one or more court appearances. Once a person charged with a crime misses the court date(s), a bench warrant is issued for their arrest.
The court also states a forfeiture date on which the charged individual must be located or the bail amount must be paid.
The bail agent may hire a bounty hunter to locate, arrest, and return the bailed person to the court. If the accused party has yet to be found or hasn’t turned themself in by the forfeiture date, the agent must pay the entire bail bond amount to the court. In addition, the bail agent will take any lawful action to foreclose on any collateral guaranteeing the bond.
When the Sale of Collateral Exceeds Bail Amount
The bond agency is mandated by law to refund any amount gained from the sale of collateral that exceeds the bail amount.
The third-party company lender that issued the bond is usually willing to assist in locating the accused party before the forfeiture date.
What do Bounty Hunters Do?
Bounty hunters, sometimes called bail enforcers, are often hired by bail agents to locate, arrest, and return the accused to court. Bail enforcers share the rights to capture with the hiring bail bond agent.
The Powers of Bounty Hunters
Bounty Hunter Powers Can Include:
- No need to obtain search warrants.
- No need to obtain extradition documents within the United States.
- Bail enforcers, under certain circumstances, are permitted to break-and-enter into a residence of the individual being tracked. However, the bounty hunter must be sure they have the right person, or both the bondsman and the bounty hunter can be held liable for damages and lawsuits for false arrest.
- Bounty hunters can legally carry firearms and must be trained in the legal aspects of their position.
Bounty Hunters Must Be Registered
Many states require bounty hunters to register with local law enforcement before making an arrest. Failure to notify the local agency can result in fines and even jail time for the bounty hunter.
Domestic Extradition (State-to-State)
Extradition is an attempt by a state where a crime was committed to having the fugitive recaptured and returned to face the charges against them.
Fleeing The State
When an individual is arrested and charged with a crime, they are required to stand trial in the state where the offense was committed. Some defendants, however, once free on bail, choose to flee the jurisdiction.
Bail Jumpers
Those that flee are known as “bail jumpers,” these defendants choose to evade prosecution, and in the process, they default on their promises to the court and the bail agent.
Legal Meaning of Fugitive
Legally, a fugitive is any suspect in a criminal case who flees, escapes, or otherwise evades arrest or prosecution. If one has been charged with a crime and has been granted bail, as a condition of bail, the defendant must make all required court appearances.
Judicial Discretion
As previously stated, missing one court date won’t necessarily result in your being declared a fugitive, though a judge will likely issue a bench warrant to secure your re-arrest.
However, fleeing outside your state jurisdiction will likely result in being assigned a fugitive status.
How Does Domestic Extradition Work?
Once declared a fugitive, law enforcement in your home state (or the state where the crime was committed) may seek to extradite you for trial.
Extradition between states can be a complex process. In some cases, obtaining authority to recapture can go as high as the Governor’s offices in both the state seeking extradition and the state to which the fugitive has fled.
Obtaining State Extradition Authority – Both States Must Agree
The State in Which the Fugitive is Wanted (The Requesting State)
- Law enforcement in the state where a fugitive is wanted (also called the “Appointed Executive Authority” or “Requesting Authority”) must formally request the extradition of that individual from the state where they currently reside.
- The Appointed State Authority must document its request by presenting indictment forms or affidavits issued by a judge or magistrate. These documents must show that the fugitive has been charged with a felony, treason, or other crime worthy of extradition.
- All sworn affidavits must be officially documented by the government seeking extradition.
The State in Which the Fugitive Now Lives (Receiving State)
- Law enforcement in the state where the fugitive currently lives (also called the Receiving Executive Authority) must detain the fugitive and inform the requesting authority that they have the fugitive in custody.
- The requesting authority has 30 days to pick up and return the fugitive to face trial. Failure to meet this 30-day deadline can result in the fugitive being set free.
Reasons Extradition Can Be Denied
There are several reasons that extradition could be denied:
- The person held by the receiving state is not the person named in the extradition request.
- The paperwork required for extradition needs to be completed or contains errors.
- The person in the extradition request is no longer wanted for a felony in their home state. This is usually the result of a clerical error at the state level and can be corrected by reissuing the extradition request.
- The state has limited resources and determines that the time and expense required to extradite the defendant is no longer a priority compared with other cases that need to be pursued. It is common for states to decide which fugitives they choose to pursue through extradition. Typically states attempt to retrieve the defendants who pose the most significant risk to their communities, that is, those who’ve fled the most serious and violent charges.
International Extradition
The extradition authority of the bounty hunter does not carry over to international law. So, if the accused individual has traveled out of the United States, the extradition would be subject to the international agreements made between the two countries involved.
What is International Extradition?
According to the Department of Justice, international extradition is where a fugitive from one country is found and surrendered to another country for trial or punishment.
The extradition process is regulated by international treaties that have been made between the United States and a foreign government.
Need For a Treaty
Under established law, extradition is usually granted if there is a treaty between the two countries. Notwithstanding, there are some countries that will allow extradition through an official grant of reciprocity, especially if it involves a case where the fugitive has been accused of extreme violence.
Rules of International Extradition
The rules of extradition can vary from nation to nation and therefore requires prosecutors and others involved in the extradition process to consult with the Office of Internal Affairs at the Department of Justice relating to a specific request for international extradition before taking any action, including contacting a foreign official can occur.
Bounty Hunter Limitations on International Extraditions
Bounty Hunters – Extra Requirments
Although the bail agent’s right to arrest can include extradition, many exceptional circumstances may be involved.
Bounty hunters have the right to arrest an accused individual who has fled the court. However, the process of returning them once they fled the country can quickly become problematic.
Sometimes, the bail enforcer may have to register with the out-of-country local legal authority before the arrest. Failure to do so can result in fines, jail time, and even kidnapping charges for the bounty hunter.
State laws vary regarding the recognized authority of a bounty hunter to arrest and extradite accused individuals outside the country’s borders.
Contacting A Bail Agent
If you have questions or wish to learn more about bail and bail enforcement, contact a verified Bail Bonds Agent.
