In most countries, only government law enforcement officers have the authority to go after and arrest fugitives from justice. But in the United States, bounty hunters (also called “fugitive recovery agents”)—private citizens who make it their profession to track down and capture bail jumpers—have been around for a long time. Laws that govern bounty hunting differ by jurisdiction, but almost all states allow fugitive recovery agents to operate in some capacity within their borders. So how does one get to the point of being tracked down by a bounty hunter?
What's the Role of a Bail Bondsman?
Most people who get arrested want to get out of jail as soon as possible. But bail can be really expensive—even for a relatively minor crime, it can be $10,000 or more. That’s where bail bondsmen (sometimes called “bail agents”) come in: For people who don’t have the resources to post bail themselves, contracting with a bondsman might be the only option to get out of custody.
Bondsmen are in the business of depositing bail for those accused of committing crimes in exchange for a fee. The fee is ordinarily a percentage of the bail amount—typically, around 10%. For example, suppose a defendant’s bail is $100,000. In such a case, the bondsman would likely charge a $10,000 nonrefundable fee to post the bail. (Learn more about the options for posting bail.) The bondsman then posts bail for the defendant and agrees to be financially responsible for paying the full bail amount to the court if the defendant fails to show.
How Bounty Hunters Get Involved
When defendants go to court like they’re supposed to, the court refunds bail and everyone’s happy. That's the case whether the defendant is found guilty or acquitted or the charges get dropped. The purpose of bail is to ensure the defendant goes back to court for all their appearance dates. When that doesn't happen, no one is happy, especially the bail bondsman.
Defendant Skips or Jumps Bail
If a defendant skips town while out on bail, the court will typically revoke bail and forfeit the bond, meaning the court gets to keep the bail money. Because the bondsman guaranteed the defendant would show, it's the bondsman who stands to lose that money.
Bondsman Hires Bounty Hunter
To prevent the loss, bondsmen often hire bounty hunters to retrieve fugitive defendants. The bounty hunter typically gets a percentage of the bail amount for coming back with the fugitive. The bondsmen won't be paying these bounty hunter fees. They'll make whoever signed the bond agreement pay those costs—that's often a friend or family member of the defendant.
What Can Bounty Hunters Legally Do?
Each state gets to decide whether to allow bounty hunting within its borders and how to regulate the practice.
Requirements to Work as a Bounty Hunter
While most states permit bounty hunting, the rules that bounty hunters must abide by vary greatly by jurisdiction. There are states, like Wyoming, that have no or very few regulations on bounty hunting and don't require a license. In other jurisdictions, fugitive recovery agents must be licensed and adhere to certain rules when pursuing and detaining a suspect. A few states have banned the use of bounty hunters.
Common requirements for becoming a fugitive recovery agent (in states that have such requirements) include:
- being at least 18 years old
- not having a felony criminal record, and
- completion of training and education courses.
How Do Bounty Hunters Work?
Additionally, state laws often dictate the procedures that bounty hunters must follow while operating within the state. For instance, some states require bounty hunters to carry paperwork that proves the bondsman gave authority to arrest the bail jumper. And there are states that obligate bounty hunters to contact local law enforcement before actually nabbing a suspect. Many states also have rules that apply only to out-of-state bounty hunters.
Bounty hunters who don’t heed state laws typically face criminal penalties, which might include jail time and fines.
Limits to Bounty Hunters' Authority
It’s not hard to imagine things going terribly wrong in the world of bounty hunting. Excessive force, trespassing, and mistaken identity are chief among such concerns. But are there consequences for bounty hunters who are too rough with fugitives or carelessly arrest the wrong person?
There definitely can be.
Can Bounty Hunters Arrest a Fugitive?
Bounty hunters generally have the right to enter the residence of a fugitive and use a reasonable amount of force to make the arrest. But using more force than necessary can result in criminal charges or a lawsuit for battery. And when it comes to third parties, fugitive recovery agents need to be really careful. Typically, bounty hunters have no authority to trespass on private property (other than that of the fugitive) or use any force against a third party. Judges and juries are unlikely to be sympathetic to bounty hunters who hurt or encroach on the rights of innocent bystanders while pursuing a fugitive.
What Happens When the Bounty Hunter Disobeys the Law?
If a bounty hunter uses excessive force to make an arrest, a prosecutor can file criminal charges against the person for assault or battery. Other criminal charges that may follow an overzealous bounty hunter include manslaughter, criminal trespass, damage to property, false imprisonment, invasion of privacy, and threats or harassment. Injured victims could also sue for damages to compensate them for hospital bills, emotional distress, or damaged or destroyed property.
Talk to a Lawyer
If you have questions about bail options, bail bonds, or bounty hunters, contacting a criminal defense attorney is a good place to start. For issues relating to claims against a bounty hunter, you'll likely want to speak with a personal injury attorney.