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.
Hillary Clinton leaves a fully restructured organization and culture at the State Department. Her mind and ear open to both world societies and world palaces, she built leverage and credibility on her unique synergy with people and states. It is sad that the Benghazi affair will tarnish her reputation and bring down that structure.
John Kerry is better prepared for the Office of Secretary of State than Secretary Clinton was at her nomination. He has worked on positioning himself to appear electablymoderate on foreign policy issues. For most Americans, he has managed to shed his anti-Vietnam status in the fog of time past, and, out of the public eye, he no longer appears to be a downright contrary guy. Given his long term in Congress, on relevant committees, and in Sunday TV interviews, he proved a safe nominee for Secretary of State.
He has a long career of Senate Foreign Relations work and considerable personal contact with key world leaders, but most Americans remember him as the bland, elitist loser of a Presidential election. For those who feel there is just no “there” there in John Kerry, his confirmation hearings did nothing to dispel that. He is orator enough and the inquisitors old school white men enough to slide through the hearings without too much drama.
This is not to say he is the Progressives’ candidate:
- Kerry never ran a complex department with executive experience.
- He over-estimated Syria’s Bashar al-Assad as a reformer.
- He endorses possible negotiations with the Taliban and an earlier withdrawal of troops from Afghanistan.
- He does believe that ecological issues are State Department issues but has not framed a policy on how to leverage that amid more inflammatory issues.
- He cautioned against the commitment of American troops in Nicaragua, Iraq, Korea, Libya, and Syria.
- He has not articulated a policy position between the hardline responses that African and Mid-East “awakenings” demand of us, and the diplomacy supportive of gender, environment, and human rights issues.
Given his own Benghazi, as surely he will have in time, will he hold fire in order to promote human rights? It might be healthier if we knew his bias.
Secretary of State John Kerry will prove a fine ambassador, but Secretary of State requires a different strategy. He will carry out the President’s policy, and the President is Commander-in-Chief. How will Kerry serve Kerry’s history and still serve the President’s interests?
Whether it is you or a friend/family member, sometimes trouble can come your way. In some cases, that trouble is a jail cell. You don’t want to sit in a cell waiting for your court date, and there is a process where you can be released: bail.This may be your first time in this type of predicament and there are some terms you need to know and understand before going through the bail process and getting bail bonds to help get you to the outside world (AKA freedom).
Arrest: This is an act of police or law enforcement to take a person into custody.
Bail: Some form of pledge to the court made in the way of property or money to gain the release of an individual. Usually this will be released back to the person as long as the defendant shows up to all court hearings.
Bail Bondsman: This is a person or persons that will pledge surety for the defendant and will pledge the money. Basically they’re the people who help post bail bonds to get you out of jail.
Bounty Hunter: When a defendant “skips” bail, this is the person who will track them down for an immediate arrest.
Cash Bond: This is when the court sets bail to a cash only standard.
Collateral: This is property such as cars, homes, etc. that the defendant would sign over as surety against the bond debt.
Fugitive: This is a person who is fleeing custody.
Indemnitor: The person responsible for initiating the bond request and who signs the contract gaining release for their loved one.
Sentence: This is the punishment handed down by the court if a defendant is found guilty.
All of these terms are used in the bail bonds process. Be sure you know what these terms mean in case trouble ever comes knocking at your door.