So you want to be a Bail Bondsman? To write surety bail in California you must be licensed by the California Department of Insurance. While you may or may not need formal training, there is a set number of class hours you must complete before you can take the state test to be a bail agent. Even if you complete all the pre-licensing courses and pass the test you can’t get a license to write bail unless you have been bonded and appointed by a Surety Company and you can’t get bonded by a Surety Company unless you are licensed to write bail. Catch-22 I know, it’s similar to The Entertainment Industry – you can’t be hired to work on TV or movies unless you’re already in their Union, but you can’t be in their Union until you’re already working on TV or movies.
Some states also have minimal restrictions on training, education and age. Even if the state you live in doesn’t require training, it is a wise idea for any prospective bail bond agent to know their state laws and regulations regarding Bail law.
Bail bond agent training often includes not only learning the bail bond agent statutes, but also includes a certain amount of time spent on gun safety training, tazer training, baton training and training with oleo capsicum resin sprays or foams. The state in which you are applying for a bail bond agent license may require yearly courses in some or all of these subjects.
Depending on the state, you may be required to take the training in a classroom setting or you may be able to do the training on your own. If you choose to do the training on your own, there are some bail bond agent classes available on the Internet. Before taking any Internet classes, make sure that your state accepts certificates from the particular training class chosen, especially if the class is not a free class.
Because the training involves hands-on techniques, the prospective bail bond agent may have to attend classes in person. If you decide to go through a bond agency for training, contact the state department of licensing to be sure that particular bond agency is licensed to give you the training.
Procedural steps and bail law changes may also be covered in training. A state that may not have required the bail bond agent to report a forced entry may now require the bail bond agent to notify the department of licensing about forced entries – even if the forced entries are planned. But, in my opinion, forcing your way into a dwelling is a very dangerous and dumb action to take unless there is an eminent threat to innocent life and time is not an option. I was fortunate to learn from a very experienced and wise Recovery Agent by the name of John Regan. He told me from day one that only those wanting to be “John Wayne” kick in doors without knowing if there’s a shotgun just inside waiting to go off. Otherwise, why put your life on the line and choose to force your way into a dwelling not knowing if behind the door you’re about to force your way through sits an individual holding a shotgun who’s paranoid from being up on meth for 5 days? The smart, but not action packed way is to sit, wait and watch for the defendant to clear the dwelling and apprehend him/her outside. This takes more time and patience, but almost always guarantees you’ll go home alive and unhurt.
In the yearly training updates, the bail bond agent may take fresher courses on some of the physical-use items. The bail bond agent will also learn the state’s new rules. For example, one state recently drafted a bill that requires (in addition to the forced entry rule) agents to use due care in the protection of people and property other than the defendant. It also requires a reasonable cause test, and a mandatory number of hours in field operations and information on immunity for law enforcement offices who may be assisting in a forced entry.
Ask yourself what you think a Bail Bond Agent does? If you think it’s like “Dog the Bounty Hunter” you’re in for a big disappointment. Dog is for entertainment purposes only.
A bondsman is a person, licensed by their state, who has been appointed by a surety insurance company to write surety bail bonds. The bondsman meets with the client(s) to effectuate the bail agreement contract between the surety company, bail agent and the defendant and/or cosigner(s). The bondsman will also instruct the defendant and/or the cosigner(s) to make sure the defendant appears at each and every scheduled court hearing until the case is complete, otherwise the Court will forfeit the bond.
When a defendant is arrested, he/she can contact a bondsman or a friend or relative who can then contact a bondsman. The bondsman may ask for pertinent information, such as: defendant’s name, social security number, the exact charge against the defendant, who the arresting agency is, how much the bond is and what jail the defendant is being held it.
The bondsman then decides whether to bail the case or not. If so, they’ll meet with the family member or friend. The bondsman should explain to the friend or family member what the bond does for the defendant and how the bond works. The bondsman will have the family member or friend sign a bail agreement contract which guarantees that the defendant will appear to all scheduled court dates. It also states that the person signing (cosigner) is responsible for making sure the defendant shows up in court and that if the defendant skips, that the cosigner will be responsible for the amount due on the bond.
Once the agreement and contracts have been signed and the premium is paid, the bondsman will go to the Detention facility and deliver the bond paperwork to the Detention facility booking clerk for the release of the defendant. After they accept and process the bond paperwork the defendant is released in 2 – 12 hour.
But the defendant is not really free: Under the terms of the bail agreement, the defendant is actually released from the custody of the Sheriff into the custody of the bondsman.
The bondsman can revoke a bail bond at any time he deems necessary and therefore the bondsman can return the defendant to custody at anytime if the defendant violates any condition of the bail agreement. If the defendant has not skipped, but the bondsman has reason to believe that the defendant may skip, the bondsman can contact a Bounty Hunter to have the defendant picked up. If the defendant skips, the bondsman will have a bounty hunter find and apprehend the defendant.
In the end it’s the bondsman who is ultimately liable to pay the Court the FULL amount of the bond, at no cost to the taxpayer, should the defendant skip bail and is not located within the amount of time set by the Court.