APPREHENSION OF DEFENDANT BY IN & OUT BAIL BONDS BAIL AGENT
ARREST, SURRENDER AND EXONERATION
The following are the Common Sense Laws and Procedures for the Arrest and Surrender of a Defendant by a Bail Agent or their Authorized Representative.
This should give the reader a little insight about the Bail Agent following common sense and the relevant Laws and Procedures for a safe arrest and reduce the risk of Civil and Criminal liability for Negligent Acts.
LIABILITY
The liability to the Bail Agent and the Surety involving Negligent Acts by the Bail Agents when arresting a defendant, is caused when the Bail Agent, or their Authorized representative, fail to follow the laws in the California Penal Code. (C.P.C.)
The laws sets clear and concise guidelines for the arrest and detention of persons being arrested with, or without, an active warrant. Bail Agents, within the meaning of the law, arrest under three statues, C.P.C. 1300, 1301 and 837.
C.P.C. 1300
RIGHT AND MODE OF SURRENDER EXONERATION OF SURETIES.
At anytime before the forfeiture of their undertaking, or deposit by a third person, the bail or the depositor may surrender the defendant in their exoneration, or he may surrender himself to the officer to whose custody he was committed at the time of posting bail in the following manner. “A certified copy of the undertaking of bail or a certified copy of the certificate of deposit where a deposit was made, must be delivered to the officer who will detain the defendant in custody upon commitment and certifiy in writing their acknowledge surrender.”
Any violation of these sections of the Penal Code, and/or the failure to have possession of a Certified Copy of the Bail Bond, can result in the refusal of a defendants surrender. Many times Bail Agents try to surrender defendants in court but are refused due to their lack of required paperwork. The same results can occur if a Bail Agent attempts the arrest of a person who had forfeited bail, but failed to possess a certified copy of the Bail Bond.
Incidents where Bail Agents attempt to arrest a defendant for forfeiting bond with only the forfeiture notice in hand, resulted with Field Law Enforcement releasing defendent, or jail denying intake without active felony warrant.
THE LIABILITY TO THE BAIL AGENT AND THE EXPOSURE TO POTENTIAL LITIGATION FOR ‘FALSE ARREST’ IS EXTREMELY LARGE AND UNLIMITED.
IF YOU ARREST A PERSON FOR FORFEITING A BAIL BOND BUT DO NOT POSSESS THE CORRECT PAPERWORK, YOU COULD BE LIABLE FOR:
A. FALSE ARREST, INTENTIONAL TORT:
Or any type of FALSE IMPRISONMENT can result if a Bail Agent physically apprehends a person without the correct paperwork
required by law.
B. FALSE IMPRISONMENT, INTENTIONAL TORT:
Described as “Intentional Confinement” of the person without consent and without “Legal Privilege”.
False Imprisonment can occur even if the person detained is not physically restrained but from fear or threat of force believes he/she is being imprisoned.
THE BAIL AGENT MUST BE AWARE THAT HIS POWER TO ARREST A PERSON IS ONLY AS STRONG AS THE EMPOWERMENT CONTAINED IN THE PAPERWORK AND THE STATUTES THAT GOVERN THEM.
C.P.C. 1301
The law sets the minimum guidelines for the paperwork necessary to allow the Bail Agent to arrest and surrender the defendant.
This section extends the authority of an Agent of the Bail Agent and the powers to arrest.
ARREST BY SURETIES OR UNDER THEIR AUTHORITY.
For the purpose of surrendering a defendant, the bail or any person who has deposited money or bonds to secure the release of a defendant, may at anytime before such bail or other person is finally discharged, and at any place within the state, may arrest the defendant, or by written authority endorsed on a certified copy of the certificate of deposit, may empower any person of suitable age to do so.
The section clearly states the Bail Agent may use another person to assist in the arrest of a defendant but does not absolve the Bail Agent from any liability caused by Negligent Acts resulting from the arrest.
THE BAIL AGENT IN USING AN AUTHORIZED AGENT TO ACT AS HIS AGENT CONFERS HIS RIGHTS TO THE AGENT AND IS RESPONSIBLE FOR HIS ACTIONS.
By authorizing another person to act as his Agent to arrest a defendant, the Bail Agent takes responsibility and assumes the risks that may result by his/her negligent actions.
THE RISKS THAT COULD OCCUR IN ADDITION TO THE ALREADY FALSE ARREST AND IMPRISONMENT ARE AS FOLLOWS:
C. BATTERY, INTENTIONAL TORT. C.C.P. 242.
Battery is defined as “An Intentional Touching of the person of another in a harmful or offensive manner, without consent or legal privilege”.
Battery normally occurs when a Bail Agent, or Authorized Agent, stops and holds a person believed to be the Defendant named on the Bail Bond but was not. It can also occur if excessive or undue force is used to arrest.
Any touching, with respect to the wrong person, does not have to inflicted physical injury to the body but inflicte Pyschological or Mental Injury.
The Bail Agent can be charged with ASSAULT which is associated with BATTERY.
ASSAULT, INTENTIONAL TORT. C.P.C. 240.
Defined as “An Act whereby the person is intentionally placed in reasonable apprehension of an immediate battery, without consent or legal privilege”.
THE LIABILITY ASSUMED BY THE BAIL AGENT ARE COMMON SENSE ISSUES THAT EVERY PERSON GENERALLY KNOWS. BUT AS A RULE, BAIL AGENTS ARE NOT ACCEPTED HAS NORMAL PERSONS DUE TO THEIR ASSUMED UNDERSTANDING OF LAW.
BAILING PEOPLE FROM JAIL, BAIL AGENTS DEAL WITH MANY TYPES OF CHARGES, SO IT IS GENEARLLY ACCEPTED ASSUMPTION THAT BAIL BOND AGENTS KNOW BETWEEN RIGHT AND WRONG AND THE LAWS THAT COVER ANY POTENTIAL UNLAWFUL ACTS BY THEIR AGENTS AND/OR EMPLOYEES.
BAIL AGENTS MUST REMEMBER IT'S NOT A PLAINTIFF OR A DISTRICT ATTORNEY BUT A JURY OF PEERS WHO MUST BE CONVINCED WITHOUT DOUBT THAT NO NEGLIGENT ACT FROM AN AUTHORIZED AGENT VIOLATED ANY LAWS.
BECAUSE LOSING A CIVIL CASE CAN BE DISASTROUS AND MONETARILY COSTLY TO THE BAIL BOND AGENT AND SURETY.
Liabilities resulting from negligent acts: INTENTIONAL INFLICTION OF MENTAL (EMOTIONAL) DISTRESS, DEFAMATION, INVASION OF PRIVACY, CONTRIBUTARY NEGLIGENCE, AND TRESPASS TO LAND.
All are remedies a person can pursue if a Bail Agent fails to follow the laws for arresting a defendant.
The BAIL AGENT must always remember that the RIGHT TO ARREST a person is conferred upon the AGENT as a PRIVILEGE to REMEDY and LIMIT THE LIABILITY of the Bail Bond already in Forfeiture or Monetary Liability. The LEGAL PRIVILEGE is extended to the Bail Bond Agent to USE not ABUSE. LIABILITY occurs if the Bail Bond Agent DOES NOT KNOW how to use it properly or carelessly AUTHORIZES its USE.
ARREST AND DETENTIOn LAWS AND PROCEDURES:
Liability for the Bail Bond Agent is attributed to the extent and amount of knowledge the Agent knows or does not know about Arrest Laws and Procedures.
In short, the least known by the Agent, the greater the Liability in the event of a Negligent Act or Mistake.
The Bail Agent who educates him/her self in the Laws and Procedures regarding Arrest Techniques and Procedures, the lesser the liability or the event of a Negligent Act or Mistake.
The same goes for the Bail Agents Authorized Agent, whether or not the Agent is an Employee or an Independant Contractor. In short, an Authorized Agent with little or no background in the fields, involving Bail Investigations, or Investigations of any kind, would likely increase the probability of a Civil Lawsuit or Criminal Action.
It is up to the Bail Agent to exercise caution and to see that the Agent Authorized to conduct arrests on the Bail Agents behalf, understands and Knows the Law and Procedures for arrests of persons, and the extent of the Bail Agents Authority for the Use of Force in effecting an arrest or when entering Private or Public Property to locate a person.
The following sections will deal with the California Penal Code (C.P.C.) And the relevant laws relating to Arrest and Detention of persons by Bail Agents (Private Persons).
ARREST DEFINED C.P.C. 834 WHO MAY MAKE AND ACTS CONSTITUTING.
“An arrest is taking a person into custody in a case and in a manner authorized by law. An arrest may be made by a peace officer or by a private person”.
The definition is clear on what arrest is and who can make an arrest, many Bail Agents and authorized Agents fail to realize that this section in the State of California applies to section C.P.C. 1301 and it governs the actions of the Bail Agent.
The section only places a separate distinction on, PEACE OFFICER OR PRIVATE PERSON, it does not give anymore power to a Bail Agent because of C.P.C. 1300 or 1301.
C.P.C. 837 ARREST BY PRIVATE PERSONS
“A private person may arrest another:
1. For a public offense committed or attempted in his presence.
2. When the person arrested has committed a felony, although not in his presence.
3. When a felony has been in fact committed and he has reasonable cause for believing the person arrested to have committed it”.
The section covering arrest by Bail Agents does not state any distinction that the arrest to be done by the Bail Agent is either a Public Offense (Misdemeanor) or that the arrest is a Felony. The section only states, “At anytime before such bail or other person is finally discharged, and at
any place within the state”.
While the ambiguity of the section lends itself to be abused by Bail Agents and their
Agents for what is called, “ANYTIME OR ANYWHERE ARRESTS” the law clearly defines that there are only three instances when a Private Person can make an arrest.
WHILE IT IS WIDELY KNOWN, AND PRACTICED BY BAIL AGENTS, THAT THE “ANYTIME AND ANYWHERE” APPROACH IS USED, AND THAT NO OBJECTION BY LAW ENFORCEMENT HAS BEEN MADE, THIS SITUATION IS CHANGING, AND MANY LAW ENFORCEMENT AGENCIES ARE MONITORING AND INVESTIGATING
THE LAW AND LEGISLATIVE HISTORY BEHIND BAIL ARRESTS, AND HAVE SUCCESSFULLY PROSECUTED PERSONS FOR FAILING TO FOLLOW SSTATE GUIDELINES REGARDING ARREST OF DEFENDANTS UNDER PENAL CODE STATUTES.
C.P.C. 841 NOTICE OF AUTHORITY AND INTENT TO ARREST
...
The Bail Agent when making the arrest, must follow the laws regarding the Notification to the Person being arrested of who is arresting him, and the authority of why he/she is being arrested.
“The person making the arrest must inform the person to be arrested of the intention to arrest him/her, the cause of the arrest, and the authority to make it, except when the person making the arrest has reasonable cause to believe that the person to be arrested is actually engaged in the commission of or an attempt to commit an offense, or the person to be arrested is pursued immediately after it’s commission, or after an escape. The person making the arrest must, on request of the person he is arresting, inform the latter of the offense for which he/she is being arrested”.
The Bail Agent or Agent who fails to notify a person of who is arresting them, or why they are being arrested, and, which results in injury to the person, because he/she believed they were being Falsely Arrested or Imprisoned, and resisted the Bail Agent or Agent, could sue the Bail Agent for a Negligent Act. The Bail Agent could also face Criminal Charges under Federal Statutes for Civil Rights Violations, as was seen in the case involving RODNEY KING/L.A.P.D.
THERE ARE NO SECTIONS IN THE CALIFORNIA PENAL CODE WHICH AUTHORIZE A PRIVATE PERSONAL (BAIL AGENT) TO USE FORCE IN AN ARREST, THE ONLY SECTIONS WHICH AUTHORIZE ANY FORCE RESTRAINT, ARE RELATED TO PEACE OFFICERS ONLY.
THIS MEANS, THAT THE BAIL AGENT (PRIVATE PERSON) MUST RELY ON COMMON SENSE ACTIONS, AND MUST MEET EQUAL FORCE WITH EQUAL FORCE.
THERE ARE EXCEPTIONS IN THE LAW FOR PRIVATE PERSONS OR BAIL AGENTS.
A PRIVATE PERSON OR A BAIL AGENT, DO NOT HAVE TO DO AN ARREST, AND MAY RETREAT AT ANYTIME FROM THE ARREST, THE FACT YOU CAN DO THE ARREST, DOES NOT ABSOLVE YOU FROM UNDUE OR UNWARRANTED FORCE OR VIOLENCE AGAINST THE DEFENDANT.
THERE ARE NO CODIFIED SECTIONS OF THE PENAL CODE WHICH MAKE IT A VIOLATION OF LAW FOR A PERSON TO RESIST AN ARREST MADE BY A PRIVATE PERSON OR BAIL AGENT, EXCEPT WERE THE DEFENDANT, INJURES OR ATTEMPTS TO INJURE THE BAIL AGENT, AND A BATTERY, OR OTHER SUCH ASSAULT HAPPENS.
The laws on using force are left to each jurisdiction of the City, County or State you may be in at the time you make your arrest. It will generally be up to the Local police department who have responded, or to who the defendant makes his or her complaint of excessive force.
The same will go for the Bail Agent who wishes to prosecute a defendant for a crime against them while resisting.
ENTERING PROPERTY TO MAKE AN ARREST
One of the most controversial areas of Bail Arrests is the jurisdiction involved in entering a persons Residence or other Private or Public Property to make an arrest. Bail Agents and Agents, have a right to arrest the defendant at his home. This right under the C.P.C. section 1301 and empowered in Taylor v. Taintor (1872) which is a Federal Case Law involving Bail Agents rights to arrest the defendant anywhere in the State, and to Cross State Lines, in pursuit. With an emphasis on “arresting the defendant in his home, breaking down his door, and even on the sabbath” is not as strong as it used to be. Several States have successfully prosecuted Bail Agents for arresting defendants fleeing from bail, and in some cases, arrests by Bail Agents who violated the law, as resulted in the right to arrest a person by a Private Person, being completely
taken away.
While this case law is strong and may be of use, it is not wise to summarily rely on its
protection, and ignore State Law when invading or entering a persons residence or Private or Public Property to make an arrest.
ONE MAIN FACTOR THAT MUST ALWAYS BE REMEMBERED BY THE BAIL AGENT, IS THAT THE RESIDENCE MUST BE PROVED BY REASONABLE CAUSE TO BE THE PERSONS RESIDENCE, AND THAT THE PERSON IS INSIDE THE RESIDENCE, BEFORE ANY INVASION OR SERVICE OF THE BAIL AGENTS RIGHT TO ENTER AND ARREST IS MADE.
THE FAILURE OF THIS MAY SUBJECT, AND POSSIBLY WILL RESULT IN A LAW SUIT BY THE OCCUPANTS FOR INVASION OF PRIVACY AND PERSONAL INJURY AS DESCRIBED IN THE FOREGOING SECTIONS.
C.P.C. 844 BREAKING DOORS AND WINDOWS TO MAKE ARREST
“To make an arrest, a private person, if the offense be a felony, and in all cases a peace officer, may break open the door or window of the house in which the person to be arrested is, or in which they have reasonable grounds for believing him to be, after having demanded admittance and ex-plained the purpose for which admittance is desired”.
This section may seem to be contrary to the safety of the person making the arrest, many people say that if you let the person know who you are and why you want to enter, he would run away or try to escape. The law is clear on the procedures for entering a location to make an arrest, it is up to you to secure the location, to see that the defendant does not escape when you attempt to arrest him inside a residence or building.
A BULL IN A CHINA SHOP, RESULTS IN ONE THING!!
THIS ACTION OF STORMING A LOCATION TO ARREST A DEFENDANT WITHOUT SECURING THE SCENE, WILL AND DOES RESULT IN THE ESCAPE OF THE DEFENDANT, AND AN INCREASE IN LIABILITY OR PAYMENT OF YOUR FORFEITURE WILL PROBABLY ENSUE.
ARREST OF DEFENDANTS INSIDE LOCATIONS ARE PROBABLY ONE OF THE HARDEST AND UNSAFE ARRESTS YOU WILL DO.
The law allows you to summon as many persons as you deem necessary to assist you on your arrest C.P.C. 839.
It is a wise decision to examine the location and verify your defendant is in the location, and if necessary and if they respond, call the Local police Department to assist you.
You will lose authority at the scene of arrest, and may increase your liability if the person is not at the location.
BAIL AGENTS WHO STEP FROM THE BOND OFFICE TO MAKE ARRESTS, OR WHO EMPLOY PERSON TO ACT AS THEIR AGENTS, MUST LEARN THE LAWS PERTAINING TO ARREST AND DETENTION OF PERSONS. THE BAIL AGENT MUST ENSURE THAT THE AGENTS GIVEN THE RIGHT AND ULTIMATE POWER TO ARREST A PERSON ON THEIR BEHALF, IS TRAINED AND KNOWS THE LAWS FULLY.
AN ARREST OF A DEFENDANT TO GAIN EXONERATION OF BAIL, IS TO REDUCE LIABILITY NOT INCREASE IT.
RIGHTS OF THE ACCUSED (DEFENDANT)
We have in the aforementioned sections dealt with the liability and laws surrounding not
knowing or making an act of negligence in an arrest.
The laws it seems, are generally against the Bail Agent to effect the arrest without letting
the defendant know what is happening and when it is going to happen. These are not laws that are against the Bail Agent, but are there to protect the Bail Agent and the Public, and not to mention the rights of the defendant.
The rights of the defendant when he/she is being arrested must be protected, and it is up to the person making the arrest to secure those rights.
In recapping the aforementioned sections we have learned the following:
1. THE ARREST MUST BE LAWFUL.
2. THE BAIL AGENT MUST HAVE THE REQUIRED PAPERWORK TO PROVE THAT
THE ARREST IS LAWFUL.
3. THE ARREST MUST FOLLOW ESTABLISHED LAWS AND GUIDELINES.
4. THE BAIL AGENT MUST IDENTIFY THE DEFENDANT AS THE PERSON TO BE
ARRESTED, WHETHER OR NOT THE OFFENSE BE A FELONY OR
MISDEMEANOR.
5. THE BAIL AGENT MUST MAKE NOTICE OF THE AUTHORITY OF THE ARREST
AND THE INTENT TO DO THE ARREST, AND THE CAUSE OF THE ARREST. 6. THE BAIL AGENT MUST USE EQUAL FORCE TO OPPOSING FORCE TO THE
DEFENDANTS RESISTANCE TO THE ARREST.
7. THE BAIL AGENT DOES NOT NEED TO MAKE THE ARREST, AND MAY RETREAT
TO AVOID INJURY TO HIMSELF OR THE DEFENDANT.
8. THE BAIL AGENT MAY SUMMON ASSISTANCE TO AID IN THE ARREST.
9. THE BAIL AGENT MAY ENTER A DEFENDANTS RESIDENCE TO ARREST HIM, OR
OTHER STRUCTURE, IF HE KNOWS OR HAS REASONABLE CAUSE HE IS INSIDE.
The following are rights afforded the defendant and must be followed, for the safety of both the Bail Agent and the defendant:
1. THE BAIL HAS A RIGHT TO SEARCH THE DEFENDANT AND TAKE FROM HIM ALL PROPERTY FOR BOOKING, INCLUDING WEAPONS.
2. THE BAIL HAS THE RIGHT TO HANDCUFF THE DEFENDANT, BUT NOT TO SUBJECT HIM TO UNDUE HARM OR INJURY, FROM THE HANDCUFFS, I.E. “TOO TIGHT”.
3. THE DEFENDANT MUST BE TRANSPORTED AS ANY OTHER PERSON IN A VEHICLE, AND MUST BE RESTRAINED FROM INJURY, IN THE EVENT OF AN ACCIDENT.
4. A DEFENDANT CARRIED IN ANY OTHER MANNER, SUCH AS IN A TRUNK, CHAINED IN THE REAR OF A PICK-UP TRUCK, OR ENCLOSED IN A CONTAINER WITHOUT LIGHT, AIR, SPACE OR MEDICAL ASSISTANCE IS AGAINST THE LAW.
5. THE DEFENDANT MUST BE BROUGHT BEFORE A JUDGE OR MAGISTRATE AS SOON AS POSSIBLE AFTER HIS ARREST, AND WITHIN 48 HOURS UNDER 1301 C.P.C.
6. THE DEFENDANT HAS THE RIGHT TO MAKE A TELEPHONE CALL AFTER BEING IN CUSTODY FOR THREE HOURS, TO NOTIFY KIN OR ANY OTHER PERSON OF HIS CIRCUMSTANCES.
7. THE DEFENDANT BEING TRANSPORTED BETWEEN STATES IS ENTITLED ALL RELEVANT MEAL AND REFRESHMENTS AFFORDED ANY OTHER NORMAL PERSON, AND TO USE THE RESTROOM WHEN NECESSARY.
8. THE DEFENDANT IS ENTITLED TO HUMANE TREATMENT, AND NOT WITHSTANDING ANY ACT HE MAY HAVE COMMITTED AGAINST THE BAIL AGENT, SHALL THAT HUMANE TREATMENT BE TAKEN AWAY.
9. AN INJURED DEFENDANT IS ENTITLED TO FIRST AID, IF KNOWN BY THE BAIL AGENT AND IMMEDIATE MEDICAL ATTENTION WHENEVER AND WHEREVER POSSIBLE AND IF AVAILABLE.
The Bail Agent is responsible for the defendants safety while under arrest, and the freedom from injury by his Agent authorized to arrest him, when not necessary.
The Bail Agent should be cautious with the defendant to prevent escape, but not at the expense of the defendants Civil and Human Rights.
WEAPONS
One side of Bail Arrests and Investigation conducted by Bail Agents is the use of weapons on arrest for protection.
The following will highlight the laws for Possession and Use by persons.
C.P.C. 12650, STUN GUNS
The electric hand held Stun Gun may be possessed by any person over the age of 18 (16 minors, parents permission).
No License is required.
Felons and Narcotics Users, may not possess.
C.P.C. 12401, TEAR GAS
The Tear Gas areosol weapon may be possessed by a person who has passed a Dept. Of Justice approved course, (3 hours) of training.
Possession without license, Misdemeanor.
Unlawful Use, Felony.
Felons, Narcotics User, and Minors may not possess.
C.P.C. 12002, WOODEN BATONS (P.R. 9,12,24)
The baton known as the P.R 24, or a Straight Handled Baton may be carried, if the person has satisfactorily passed a course approved by the Dept. of Consumer Affairs, (8 hours) and after passing the Security Guard, Powers of Arrest Test.
Unlawful Possession, Felony.
Unlawful Use, Felony.
Felons, Narcotic Users, Minors, and persons convicted of violent crimes.
C.P.C. 12025, CONCEALED WEAPONS
A person issued a permit to carry a concealed weapon from a Chief of Police, may carry the weapon in accordance with the issuing and use described on the permit.
Unlawful possession, Misdemeanor, 1st Conv. Unlawful possession, Felony, Subsequent Conv.
C.P.C. 12031, LOADED, EXPOSED FIREARM
A person issued a permit and having passed a course of fire and qualified on a particular caliber, may carry the firearm within the course and scope of their duties within the issuance of the permit.
12031 (d) POSSESSION BY LICENSED PRIVATE INVESTIGATORS.
A person Licensed as a Private Investigator, may carry a loaded, exposed firearm, while in the scope and course of their duties. Employees may also carry a loaded firearm, only while in uniform and only when passing a course of fire and qualifying on a particular caliber.
Unlawful possession, Misdemeanor.
7521. A private investigator within the meaning of this chapter is a person, other than an insurance adjuster subject to the provisions of Chapter 1 (commencing with Section 14000) of Division 5 of the Insurance Code , who, for any consideration whatsoever engages in business or accepts employment to furnish or agrees to furnish any person to protect persons pursuant to Section 7521.5, or engages in business or accepts employment to furnish, or agrees to make, or makes, any investigation for the purpose of obtaining information with reference to:
Crime or wrongs done or threatened against the United States of America or any state or territory of the United States of America; the identity, habits, conduct, business, occupation, honesty, integrity, credibility, knowledge, trustworthiness, efficiency, loyalty, activity, movement, whereabouts, affiliations, associations, transactions, acts, reputation, or character of any person; the location, disposition, or recovery of lost or stolen property; the cause or responsibility for fires, libels, losses, accidents, or damage or injury to persons or to property; or securing evidence to be used before any court, board, officer, or investigating committee. For the purposes of this subdivision, a private investigator is any person, firm, company, association, partnership or corporation acting for the purpose of investigating, obtaining, and reporting to any private employer, its agent, supervisor, or manager, information concerning such employer’s employees involving questions of integrity, honesty, breach of rules or other standards of performance of job duties.
7523.
(a) Unless specifically exempted by Section 7522, no person shall engage in the business of private investigator, private patrol operator, or protection dog operator, as defined in Section 7521, unless that person has applied for and received a license to engage in that business pursuant to this chapter.
(b) Any person who violates any provision of this chapter or who conspires with another person to violate any provision of this chapter, relating to private investigator licensure, or who knowingly engages an unlicensed private investigator after being notified in writing by the bureau of the private investigator’s unlicensed status with the bureau, is guilty of a misdemeanor punishable by fine not to exceed one thousand dollars ($1,000) or by imprisonment in the county jail not to exceed one year, or by both such fine and imprisonment.
(c) Any person who violates any provision of this chapter or who conspires with another person to violate any provision of this chapter relating to private patrol operator licensure, or who knowingly engages an unlicensed private patrol operator after being notified in writing by the bureau of the patrol operator’s unlicensed status with the bureau, is guilty of a misdemeanor punishable by fine not to exceed one thousand dollars ($1,000) or by imprisonment in the county jail not to exceed one year, or by both such fine and imprisonment.
(d) Any person who engages in any business regulated by this chapter, who acts as or represents himself or herself to be a licensee under this chapter, who falsely represents that he or she is employed by a licensee, or who carries a badge, identification card, or business card, or uses a letterhead or advertises that he or she is a licensee under this chapter, unless such person is licensed under this chapter, is guilty of a misdemeanor and is punishable by a fine of one thousand dollars ($1,000), or by imprisonment in the county jail for not more than one year, or by both such fine and imprisonment.
(e) Any person who is convicted of a violation of the provisions of this section shall not be issued a license under this chapter, within one year following that conviction.
(f) The chief shall gather evidence of violations of this chapter and of any rule or regulation established pursuant to this chapter by persons engaged in the business of private investigator, private patrol operator, or protection dog operator who fail to obtain licenses and shall gather evidence of violations and furnish that evidence to prosecuting officers of any county or city for the purpose of prosecuting all violations occurring within their jurisdiction.
(g) The prosecuting officer of any county or city shall prosecute all violations of this chapter occurring within his or her jurisdiction.
RIGHTS OF THE ACCUSED (DEFENDANT)
We have in the aforementioned sections dealt with the liability and laws surrounding not knowing or making an act of negligence in an arrest.
The laws it seems are generally against the Bail Agent to effect the arrest without letting the defendant know what is happening and when it is going to happen. These are not laws that are against the Bail Agent, but are there to protect the Bail Agent and the Public, and not to mention the rights of the defendant.
The rights of the defendant when he/she is being arrested must be protected, and it is up to the person making the arrest to secure those rights.
In recapping the aforementioned sections we have learned the following:
1. The arrest must be lawful.
2. The Bail Agent must have the required paperwork to prove that the arrest is lawful.
3. The arrest must follow established laws and guidelines.
4. The Bail Agent must identify the defendant as the person to be arrested, whether or not the offense be a felony or misdemeanor.
5. The Bail Agent must make notice of the authority of the arrest and the intent to do the arrest and the cause of the arrest.
6. The Bail Agent must use equal force to opposing force to the defendants resistance to the arrest.
7. The Bail Agent does not need to make the arrest, and may retreat to avoid injury to himself or the defendant.
8. The Bail Agent may summon assistance to aid in the arrest.
9. The Bail Agent may enter a defendants residence to arrest him, or other structure, if he knows or has reasonable cause he is inside.
The following are rights afforded the defendant and must be followed, for the safety of both the Bail Agent and the defendant:
1. The Bail Agent has a right to search the defendant and take from him all property for booking, including weapons.
2. The Bail Agent has the right to handcuff the defendant, but not to subject him to undue harm or injury, from the handcuffs, I.E. “Too Tight”.
3. The defendant must be transported as any other person in a vehicle, and must be restrained from injury, in the event of an accident.
4. A defendant carried in any other manner, such as in a trunk, chained in the rear of a pick-up truck, or enclosed in container without light, air, space or medical assistance is against the law.
5. The defendant must be brought before a judge or magistrate as soon as possible after his arrest, and within 48 hours under 1301 C.P.C.
6. The defendant has the right to make a telephone call after being in custody for three hours, to notify kin or any other person of his circumstances.
7. The defendant being transported between states is entitled all relevant meal and refreshments afforded any other normal person, and to use the restroom when necessary. 8. The defendant is entitled to humane treatment, and not withstanding any act he may have committed against the Bail Agent shall that humane treatment be taken away.
9. An injured defendant is entitled to first aid, if known by the Bail Agent and immediate medical attention whenever and wherever possible and if available.
