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Many people are familiar with the Old West bounty hunter- the desperate individual who often operated outside of the law to chase down and bring back wanted criminals. Much romance and mystery has been associated with the individuals, thanks mostly to Hollywood's and television's portrayal of these mavericks. Many were shown as the scruffy, hard-boiled man who walked his horse into town, wanted poster in one hand and the dead outlaw in tow, strung across his own saddle. Others were shown as brave, edgy, adept at karate, smooth talking, alluring and financially well-off.  The 'bounty hunter' (a term which is no longer being used) was given authority to operate in the U.S. by means of the bail bond system. A person charged with a crime must await trial in jail, unless they can get out by paying a bail bond, the amount set by the court. Those without the resources to pay for their own bond have the option of seeing a bail bondsman- a business man or woman who will post bail for the accused, for a fee.
But there is a catch. The bail bondsman now becomes responsible to see that the accused attends all hearings and court dates set. The bail bondsman in fact becomes the jailer of the accused, instead of the city or county, and as such, has the authority to chase down and apprehend anyone who misses their court date. The US Supreme court solidified the bail bondsman's authority with the 1872 decision in Taylor v Taintor: (the bondsman) whenever they choose to do so may seize the accused and deliver him up to their discharge, and if this cannot be done at once, they may imprison him until it can be done. They may pursue him into another state, arrest him on the Sabbath, and if necessary may break and enter his house for that purpose... it is likened to the rearrest by the sheriff of an escaping prisoner. The bail bondsman may elect to use an agent of their choosing rather than chase the accused themselves- enter the Bail Enforcement Agent. If person fails to make a court date, the bondsman has a limited amount of time to get that person back into custody before the bondsman has to pay the full value of the bond to the court, which could be $25,000, $50,000, $100,000 or more. | | Bondsmen will enlist the services of BEAs (also called Fugitive Recovery Agents, or Bail Bond Recovery Agents) to have the accused tracked down and brought back. The BEA will be paid an agreed upon percentage of the total bail bond.
Bail bond recovery agents can be a real asset to law enforcement and to a community at large, but they can also be one of the community's biggest concerns. It is up to the community to decide what standards must be upheld as these quasi-law-enforcement individuals operate. Legitimate professionals do not mind a little legislative oversight, as long as the pendulum doesn't swing to far to the left.
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