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What is Bail Recovery?
Bail recovery refers to the actions taken by a non-law enforcement individual to apprehend or take custody of someone who has failed to comply with bail bond conditions [1.].
“While many states are in the process of abolishing the private sector-based bail-bond system in favor of the many methods of ensuring the appearance of those accused of crimes, Colorado has chosen to continue to permit the enforcement of bail bond contracts.”
In Colorado’s bail system, after an arrest, a judge often releases the defendant on bail, requiring a financial guarantee to ensure their court appearance.
For more serious crimes, the bail amounts can range from $1,000 to $50,000, and individuals who cannot afford bail typically work with bail bonds agents, paying around 10% of the total bond.
If the defendant skips court, the bail bonds agent must pay the full bond unless they successfully apprehend the fugitive and return them to court.
Standard Bail Bond Schedule in Colorado Springs
- Felony Class 1: No bond
- Felony Class 2: $50,000
- Felony Class 3: $10,000
- Felony Class 4: $3,000
- Felony Class 5: $2,000
- Felony Class 6: $1,000
- Misdemeanor 1: $800
- Misdemeanor 2: $500
- Misdemeanor 3: $300
- Drug Felony 1: $50,000
- Drug Felony 2: $10,000
- Drug Felony 3: $2,000
- Drug Felony 4: $1,000
- Drug Misdemeanor 1: $700
- Drug Misdemeanor 2: $400
- DUI: $1,000
- DWAI: $800
- Driving Under Restraint (DUR): $1,000
- DUR Alcohol-Related: $3,000
- Petty Offenses: $100
If the defendant fails to appear in court, bail bonds agents may use bail recovery agents to locate and return the fugitive, preventing them from paying the full bond amount to the state.
What are the Tasks of a Fugitive Recovery Agent?
Fugitive recovery agents, also known as bounty hunters, track down and apprehend fugitives who have skipped bail and missed court appearances [2.]. Many of these agents come from law enforcement backgrounds, giving them a tactical advantage. Bounty hunters in the U.S. have a high success rate, typically between 88% and 91%.
“Many bounty hunters are trained in self-defense, but they typically use research, persuasion and trickery to capture fugitives instead of resorting to physical force.”
Their methods include conducting background checks, reviewing criminal records, surveillance, contacting friends and family for information, and using deceptive tactics like luring fugitives with fake contests.
What Are Bounty Hunters Legally Allowed to Do?
Bounty hunters play a crucial role in the bail bonds process and possess legal powers that often surpass those of law enforcement in certain areas [3.].
While state laws vary, bounty hunters generally have more authority when making arrests, including the ability to arrest a fugitive without a warrant and without reading them their Miranda rights. They can enter private property without prior notice and use reasonable force when necessary.
However, there are legal limitations they must follow. Bounty hunters must carry a “bail piece,” a document stating the individual is a fugitive. They cannot enter the homes of family members or friends unless they are certain the fugitive is living there; doing so would violate federal law and lead to legal consequences.
“What you have just read are the basic principles of Bounty Hunting. Remember, before signing a bail bond agreement, be sure you understand what you are getting into. One missed court date could cost you a major fine, legal issues for many years to come, and the possibility of coming face-to-face with a bounty hunter.”
What Training is Required to Become a Bail Recovery Agent in Colorado?
In Colorado, to become a bail recovery agent (bounty hunter), individuals must meet specific training and certification requirements:
- Basic Requirements: You must be at least 18 years old, a U.S. citizen or legal resident, and pass a background check. Felony convictions generally disqualify applicants.
- Training: Colorado requires bail recovery agents to complete at least 16 hours of training from a certified instructor. This training typically includes topics such as laws regarding arrests, constitutional rights, the legal use of force, surveillance techniques, and self-defense.
- Licensing: Bail recovery agents must be licensed as a bail agent or work under a licensed bail bondsman. Colorado does not have a specific bounty hunter license, so agents often work as independent contractors.
- Continuing Education: Some agents may need to pursue ongoing education depending on the bondsman they work for to maintain up-to-date knowledge of state laws and procedures.
These certifications help ensure that bail recovery agents understand Colorado’s legal framework and can carry out their duties lawfully.
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References:
1. https://www.colorado-criminal-lawyer-online.com/colorado-courts-limit-authority-of-bounty-hunters/
2. https://www.aboutbail.com/pages/how-fugitive-recovery-works
3. https://www.mercybailbonds.com/2023/06/12/what-to-know-about-bounty-hunters