Bail Enforcement: An American Business
In the U. S., when a criminal defendant cannot pay bail
, a bail bondsman can offer to loan the money. By doing so, he makes a profit. If the accused tries to flee, however, the bondsman will hire a bail enforcement agent, or bounty hunter, to find and arrest the fugitive. Bounty hunting is only legal in the U. S. And in the Philippines.
The laws for bail enforcement vary in each state. There are certain qualifications for becoming a bounty hunter. Some states require a license. Others require the agent to register. Oregon, Kentucky and Illinois do not even allow bounty hunters to make arrests. A bail enforcement agent should always know the laws regarding their profession in nearby states or any state they will need to enter.
An agent cannot make arrests in a foreign country where bounty hunting is illegal. If a fugitive escapes across the border, it's out of the agent's jurisdiction. Arresting a fugitive in a foreign country is considered kidnapping.
There are generally less restrictions placed on bounty hunters than on local law enforcement. They do not need warrants, and they can enter a fugitive's home without warning as long as they have confirmed that their target lives there. The agent needs a bail piece, papers identifying the fugitive, to make the arrest. In some states, a certified copy of the bond is also required. He or she does not need to read Miranda rights. However, the agent also has less protection if they injure the fugitive or any innocent bystanders.
Being a bounty hunter is sometimes like being a private investigator. An enforcement agent must use any means legally available to locate and apprehend their target. Often this requires a thorough investigation of the fugitive's past, including known associates and activities. It is not uncommon for a bounty hunter to stake out a location for hours or days. He or she will have to interview people who know the fugitive, looking for someone who might turn them in.
Bounty hunting requires a combination of investigative skills and physical training. Most fugitives don't put up a fight, but when one does, the bounty hunter should be prepared. For this reason, many bounty hunters have a record of military or law enforcement training.
by: Matthew Hamilton
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