A false arrest occurs when somebody is held without legal authority. A bail bonds agent will be responsible for somebody that they bail out of jail until they are due for their court appearance. They are legally allowed to apprehend a defendant that they are responsible for, providing they meet certain criteria. Otherwise it will be considered a false arrest.
Terms of Apprehension
The California Penal Code states that the bail agent should always have a copy of the bail paperwork when they are tracking down their defendant. If they don’t have this paperwork, then the defendant is legally allowed to walk free, and the bail agent holding them could receive penalties and criminal charges.
The authority who released the defendant must have a certified copy of the bail bonds agreement. The name of the defendant must be clearly stated and the document must be endorsed by the bail bond agent. The name of the authority must also be listed.
Rules and Regulations
It’s the job of the bail agent to understand their right to arrest defendants. Some bail agents will abuse this power and will apprehend people without the legal authority. This can lead to criminal charges as defendants will have the right to take matters further and challenge them in court.
If you are out on bail and a bail bond agent tries to apprehend you without presenting the information that’s required, then they will have no right to arrest you. If you are in need of a bail agent, then it’s important that you choose an establishment who knows the laws properly and will ensure that they strictly abide by the rules. In order to do this you must check to make sure that the bail bonds agents have the relevant licences and experience.