If you have been arrested in the State of California, calling an experienced bail bondsman to post bail on your behalf is the most effective way to get out of custody fast. Before entering the agreement, though, you must gain a clear understanding of what to expect. One question you may need to ask is “Can a bail bondsman arrest anyone in the Golden State?”
Here’s all you need to know, including the answers to “Can bail bondsmen make arrests in California?” and how to stay out of trouble when out on bail.
Firstly, why would a bail bondsman want to have you re-arrested?
When a bondsman agrees to post your bail fee, they have to tell the courts that they intend to take legal and financial responsibility for you. This ultimately means that the bail bondsman is accountable for ensuring that you satisfy all bail conditions, such as not crossing the California borders, and attend court hearings as required.
Moreover, in taking financial responsibility for your bail agreement, the bondsman is liable for the full cash bail amount, which is usually a five or six-figure fee. Given that they would lose all of that money should you violate your bail terms, the bondsman simply cannot afford to take that risk. Generally, then, the bondsman may seek to have a client re-arrested in either of the following scenarios;
- They are concerned that you will take flight or violate the bail conditions, thus meaning that the bail funds that they’ve submitted will be surrendered to the courts.
- It is deemed that you are not going to repay the premium (usually 10% of the overall bail figure) fee owed to the bondsman for their services.
In either case, the bail bondsman only calls for a re-arrest because they need to protect their capital. It is also worth noting that the bail bondsman may need to pursue this route if your co-signer wants to remove their name from the bond or fails to meet the repayment plan as agreed.
Can bail bondsmen make arrests in California?
Understanding why a bondsman may want to surrender the bond and have you re-arrested is one thing, but the big question is can a bail bondsman arrest anyone?
A bail bondsman does have the authority to make arrests and return the defendant to jail so that they can surrender the bond. Bail bondsmen can either complete the arrest themselves or use a bounty hunter to work on their behalf. When they take the latter option, the bondsman has the right to bill the client for those services even after withdrawing their offer to post bail on the client’s behalf.
Bail bondsmen are also permitted to carry firearms as per the State Regulations. However, a bail bondsman does not have the same authority as a law enforcer and must adhere to their limited powers. Crucially, they must not;
- Use excessive force to conduct an arrest or cause pain and injury, although they are permitted to apprehend a defendant who resists the arrest.
- Harass or threaten the defendant, even if they have already failed to make a payment or violated their bail conditions.
Is a bail bondsman’s arrest a separate legal matter?
As well as asking “Can a bail bondsman arrest anyone?”, you will want to understand the legal repercussions. Ultimately, when a bondsman arrests a defendant and returns them to custody, it is not considered a new charge. Instead, the re-arrest occurs because they have withdrawn their offer to pay bail on your behalf. So, you will return to custody in relation to the initial accusation that you called the bondsman about.
It should also be noted that issues linked to the arrest, such as your right to a speedy trial, will start from the date of your re-arrest rather than the initial booking.
While the bondsman’s arrest isn’t a new charge, there are potential repercussions to consider. They have the right to charge you for the services provided, including any expenses related to your re-arrest. Of course, if you have committed another crime while out on bail or during the re-arrest, new charges may be raised. As such, damaging property or causing harm to the arresting party during this time is ill-advised.
Can a bail bondsman make arrests in your home?
Under standard procedures, bail bondsmen can not enter the defendant’s home to complete an arrest because they do not have the same powers as a law enforcer. As such, arrests may be made in public or at the client’s workplace. Given that the bondsman already has a working relationship with the client, locating the defendant is usually straightforward.
However, the situation does change if the bondsman gains a warrant for your arrest from a judge. Following this, they are permitted to enter private homes (after identifying themselves and showing the warrant) without fear of trespassing.
To complete an arrest, the bondsman will have to explain the reason for the arrest and read the defendant’s rights. Even with the warrant, excessive force is not permitted, and violating this could give the defendant grounds to challenge the arrest.
Whether the re-arrest takes place at home, the workplace, or in public doesn’t matter. It is a traumatic experience that can have lasting impacts on the defendant’s personal and professional life, as well as theirs. While it isn’t a new charge, the situation looks bad on the arrestee’s record too. Cooperating makes things a little easier, but avoiding it altogether is the better solution.
The verdict
So, can bail bondsmen make arrests in California? Absolutely. However, this is the last thing any professional bondsman wants to do as it brings worse outcomes for all parties. As long as you satisfy the terms of bail set by the courts and continue to make your bail bond repayments, the process should remain smooth.
Finally, if you do encounter unforeseen financial difficulties that could prevent you from making repayments as planned, contact your California bail bondsman to discuss alternative arrangements and avoid the risk of re-arrest. We’re here to help.
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