Bounty Hunters vs. Bail Bond Agents: What’s the Difference?
Bail enforcement agents, commonly known as bounty hunters, play a crucial role in the criminal justice system by ensuring that defendants appear in court. Bounty hunters and bail bond agents are two professions that are often portrayed in movies and TV shows. However, they are not the same and have different roles in the criminal justice system.
Bail enforcement agents, commonly known as bounty hunters, ensure defendants appear in court. Bounty hunters and bail bond agents are two professions that often appear in TV shows and movies. While the titles may seem similar, the roles are quite distinct.
What Is a Bounty Hunter?
A bounty hunter, bail enforcement agent, or fugitive recovery agent finds and apprehends fugitives when they skip bail or don’t appear in court on the scheduled date. In return for capturing and returning fugitives, these agents receive a commission or bounty of the total bail amount.
Since bounty hunters are not law enforcement, they often lack the same level of legal rights but may have some protections, including the ability to cross state lines or to enter the home of a fugitive, even if they don’t have a warrant.
In order to become a bounty hunter, you must have a high school diploma or equivalent, be at least 18 years old, and have no felony convictions. In some states, such as California, you must also obtain a license and complete a training program. Additionally, bounty hunters are required to have liability insurance.
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What Is a Bail Bond Agent?
A bail bondsman, also called a bail bond agent or bail bonds agent, is a licensed professional who posts bail on behalf of defendants who cannot afford to pay it themselves.
These professionals are also known as bail bondspeople, bail bonds agents, or bond dealers. They may be individuals or businesses that pledge money or property as bail on behalf of individuals who don’t have the resources to do so themselves. When providing this service, they receive a fee, usually a percentage of the bail amount.
A bail bondsperson works by covering bail on behalf of individuals. By paying a person’s bail, these agents promise the individual will visit court on the scheduled date. In the case of skipped bail, the bond dealer loses the amount paid toward the bail but will still receive a percentage from the defendant. They may be able to get the full amount back if they can locate the person and convince them to return to court. Many bail bondspeople hire bounty hunters for this purpose.
To become a bail bond agent, you must be licensed by the state in which you operate. The requirements for licensure vary by state but typically include passing a background check and completing a training program. Additionally, agents are required to have liability insurance.
Key Differences Between Bail Enforcement Agents and Bail Bond Agents
Bounty hunters and bond agents (also called bond dealers or bail bond agents) are both vital to the bail process but have different roles. Bond dealers pay bail on behalf of defendants and receive a fee in return. Bounty hunters seek out defendants who have skipped bail. They usually work on behalf of a bond dealer.
Another difference is the amount of force each profession can use to apprehend a fugitive. Bounty hunters have the legal right to enter a fugitive’s private property without a warrant and use reasonable force to capture them. Bail bond agents do not have this right and turn to law enforcement or the services of a bounty hunter to apprehend a fugitive.
In addition, the requirements for licensure and training vary between the two professions. Both have licensing and training requirements changing by state.
In summary, a bail bond agent posts bail on behalf of a defendant, while a bounty hunter apprehends defendants who have skipped bail and works with bail bond agents to ensure defendants appear in court.
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License Requirements for Bail Enforcement Agents and Bail Bond Agents in the United States
How to Become a Bounty Hunter
What bounty hunters do doesn’t always require specific qualifications. Each state has different licensing requirements. Some states have no licensing requirements for bounty hunting, while others prohibit the practice completely. Most states allow the practice but require some prior licensing. A few common requirements include:
- Written test
- Drug test
- Background check
- U.S. citizenship
- Approved training
Some bounty hunters also pursue related degrees, such as criminal justice, criminology, or law, to enhance their performance in the role.
How to Become a Bail Bond Agent
In the United States, licensed bail bond agents are widespread. Similar to bounty hunters, bail bondspeople may need to meet some criteria, depending on the state where they operate. To pursue this career, you may need to complete a prelicensing course and state examination. Afterward, you will need to get endorsed by a surety company and submit a license application. You will also need liability insurance.
Bail Bond Agent vs. Bail Bondsperson
In the eyes of the law, a bail bond agent and a bail bondsman are separate functions. However, in practice, one person or company can perform both jobs.
To further explain, a bail bondsperson is a person who posts the bail amount, while a bail bond agent is licensed to write bail bonds for a fee. So, while they have different functions, a bail bond agent can be considered a type of bail bondsperson, and the terms are often used interchangeably.
In summary, a bail bond agent is a type of bail bondsperson, but they have different functions in the bail bond process.
Bounty hunters and bail bond agents are two professions that play important roles in criminal justice. Ultimately, their goal is the same — to ensure defendants appear in court on their scheduled court date.
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