The Definition of Right to Arrest
The right to arrest is given to many bail agents. This means that if the defendant or individual does not pay the bond company on time or does not comply with the rules set before them, bail agents working for the bond company can apprehend, arrest, and deliver the individual back to jail. This type of right is the same right that law enforcement can have, as well.
How Right to Arrest Works
The right to arrest was granted for bail agents after the Supreme Court decision “Taylor vs. Taintor.” This decision gave bail agents full reign and rights to place a defendant under arrest if they have not complied with the courts, especially if they did not comply with the bond company. The reason bail agents can have this right is, mainly, when someone is released from custody on bail, they still legally bound by law to the bond company, meaning they are not truly “free” until the case is over with. So, because of this, bounty hunters and bail agents can forcefully take the individual back to prison, and have the rights to do so if the defendant breaks any rules at all. These agents are even allowed to break and enter the defendant’s home to arrest the individual without the need of additional warrants or papers to do so.
Example of Right to Arrest
John was accused of a crime, and the court set a bond for his case. John’s mother, Mary, agreed to pay the premium amount to the bond company to get John released from jail until he goes to trial. However, John decided to hide out, and did not let his mother nor the courts know where he was going or when he would return. Because of this, Mary quit paying the bond company and John also missed court appearances and meetings with his bail agent. After some investigating, bounty hunters and bail agents were able to locate the whereabouts of John, and made plans to arrest him. Once they made contact with John, they entered the apartment he was staying at, tackled him, handcuffed him, and transported him back to the county jail.
These are general examples. As always, please contact us at 979-821-2663 regarding your case.