- Legal EditorHenry Dahut, J.D.
Henry Dahut, J.D.
Attorney - Legal Publisher - Educator
Henry Dahut is a licensed California trial attorney. Over the course of his 25-plus years practicing law, Henry has represented and counseled countless clients in legal trouble.
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Bail Bonds and Bounty Hunters
Our Bail Bonds and Bounty Hunters article covers what happens when a criminal defendant on bail fails to appear on their designated court date or jumps bail and flees.
This article examines the role of the bail bondsman and bail enforcement providers such as bounty hunters and how they locate and recapture the defendant.
We will also cover what happens when the defendant flees the state and must be extradited and returned to the state from where he fled. Finally, we cover what happens when the defendant flees the country and international extradition is required to have him returned.
What Happens If a Defendant Fails to Appear in Court?
If a person charged with a crime fails to appear in court as ordered, a bench warrant is almost always issued for the defendant’s arrest. The court also sets a forfeiture date on which the charged individual must be located and captured, or the bail agency must pay the bail amount.
How Can a Prosecutor Revoke Bail?
A state prosecutor can file a motion to revoke bail if a defendant violates the bail conditions or fails to appear for a set court appearance. In states like California, the same judge who initially set and approved bail can determine the defendant’s bail violation.
What Are the State Penalties for Failing to Appear on Felony Charges?
In states like California, failure to appear while on bail carries severe financial penalties, including, but not limited to, as many as three years in state prison.
A substantial fine will be imposed if the defendant has been released on their own recognizance or their payment of bail.
Watch Attorney From Varghese Summersett Explain What To Do If Your Bond Is Held To Be Insufficient:
What Is 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, a bench warrant is issued for their arrest.
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 bail 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 that was used to guarantee the surety bond.
What Happens When the Sale of Collateral Exceeds the Bail Amount?
The bond agency is legally mandated to refund any amount gained from the sale of collateral that exceeds the bail amount.
The third-party lender that issued the bond is usually willing to assist in locating the accused party before the forfeiture date.
Statistic: In 2022, approximately 20% of defendants on bail failed to appear in court, leading to the issuance of bench warrants and potential bail forfeiture (Source: Bureau of Justice Statistics).
What do Bounty Hunters Do?
Fugitive recovery agents are commonly known as bounty hunters. Bounty hunting is a complex field that intersects legal boundaries and ethical considerations, often requiring agents to perform under high-pressure situations.
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
Bail agents and bounty hunters do not have the same powers or legal authority as state police officers or local law enforcement. They are neither state nor federal employees.
Bail agents and bounty hunters are private individuals hired to apprehend bail fugitives.
Bounty Hunter Exemptions:
- There is no need to obtain search warrants.
- There is no need to obtain extradition documents within the United States.
- Under certain circumstances, bail enforcers are permitted to break and enter the residence of the fugitive being tracked without a warrant. 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 civil damages and lawsuits for false arrest.
- Bounty hunters can legally carry firearms and must be trained in the legal aspects of their position.
What Are the Legal Requirements for Bounty Hunters?
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.
What Is Domestic Extradition? (State-to-State)
Extradition is an attempt by a state where a crime was committed to have 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 state’s jurisdiction.
Bail Jumpers
Those who flee are known as “bail jumpers. ” These defendants choose to evade prosecution and 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.
Statistic: According to the National Association of Bail Enforcement Agents, bounty hunters successfully capture about 90% of bail jumpers. (Source: Wiki).
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 individual’s extradition 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.
How Does International Extradition Work?
The bounty hunter’s extradition authority does not extend internationally. This means 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 captured 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 foreign governments.
Need For a Treaty
Under established law, extradition is usually granted if a treaty exists between the two countries. Notwithstanding, some countries 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, so prosecutors and others involved in the extradition process must consult with the Office of Internal Affairs at the Department of Justice regarding a specific request for international extradition before taking any action, including contacting a foreign official.
Statistic: Extradition cases can take months or even years to resolve, with some international extraditions requiring more than 2 years to complete (Source: U.S. Department of Justice)
What Are the Limits of Bounty Hunters in International Extraditions?
Bounty Hunters – Extra Requirements
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, returning them once they have 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.
(Above Image)A giant question mark illustrates the fears behind our misconceptions about the criminal justice process.
Misconceptions About Bail Bonds and Bounty Hunters
Misconception #1: Bounty Hunters are Vigilantes.
Reality: Bounty hunters are legally authorized agents bail bondsmen hire to locate and apprehend fugitives. They must operate within legal boundaries, although their powers can differ by state.
Misconception #2: Bail Bonds Guarantee a Defendant’s Freedom While Awaiting Trial.
Reality: A bail bond is a financial guarantee that a defendant will appear in court as ordered. It does not guarantee freedom if the defendant violates bail conditions or misses court appearances.
Misconception #3: Bounty Hunters Can Operate Internationally without Restrictions.
Reality: Bounty hunters do not have international authority. Extraditing a fugitive from another country involves complex legal processes and cooperation agreements between governments.
Misconception #4: Bail Bondsmen Always Get Their Money Back.
Reality: If a defendant skips bail and cannot be located by the forfeiture date, the bondsman must pay the full bail amount to the court, which can result in significant financial loss.
Misconception #5: Missing a Court Date Automatically Makes You a Fugitive.
Reality: Missing a court date usually leads to a bench warrant, but fleeing the jurisdiction or repeatedly missing court dates is what typically results in fugitive status.
Fears Related to Bail Bonds and Bounty Hunters
Fear #1: Bounty Hunters Can Use Excessive Force.
Reality: While bounty hunters can use force, if necessary, they must adhere to legal standards. Excessive force can lead to criminal charges against the bounty hunter.
Fear #2: All of My Collateral Will Be Lost if Bail is Forfeited.
Reality: If the sale of the collateral exceeds the bail amount, the excess must be refunded to the defendant or the person who provided the collateral.
Fear #3: Bounty Hunters Can Arrest Anyone Without Consequences.
Reality: Bounty hunters must ensure they apprehend the correct individual; otherwise, they and the bondsman could face legal consequences for wrongful arrest.
Fear #4 Fleeing the Country Guarantees Safety from Prosecution.
Reality: International extradition treaties often allow for the return of fugitives to the U.S., and the process, though lengthy, can and often do lead to eventual prosecution.
Bottom Line
The bail bond and bounty hunting process are much more complex than the familiar chase and capture in movies. As explained, when someone skips their court date, it sets off a chain of legal actions involving not just the courts but also bail agents and bounty hunters.
Bail agents and bounty hunters must work within strict legal boundaries to ensure defendants show up to court. Whether they’re dealing with state penalties, bail bond forfeiture, or extradition issues at home or abroad, the stakes are high, and the process is often dangerous.
If you’re out on bail, you must fully comply with the court’s rules and conditions of release. If you violate these rules and conditions, you face substantial fines and almost always end up back in jail.
Bail agents and bounty hunters play a key role in the criminal justice process, but they are not public law enforcement officers and, therefore, must follow the law at every stage, from capturing someone to getting them back to court.
If you have missed showing up for court dates and need clarification on your situation, consult a licensed bail bonds agent or criminal defense lawyer. Both can help you understand your legal obligations and rights.
Sources and References
What Happens if The Defendant Fails to Appear in Court? | Bailburbs
Bail Bond’s Lesser Known Terms – Atlas Bail Bonds | Fast Jail Release
Can a Bounty Hunter Arrest You? | Van Pool Bail Bonds
What Is Extradition And How Does It Work? – BailBlurbs
The Difference between Bail and Bond; Regaining your Liberty after an Arrest – Dandy Law
Contacting A Bail Agent
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