Month: June 2019

    A Person’s Right When He Gets Arrested

    An arrest could be an unpleasant experience to anybody. For many, even just the thought of getting arrested is frightening. But have you ever wondered about a person’s right during an arrest? What if you think that you should not be arrested in the first place? Is it alright to resist the arrest? Learning the answers to these questions can be beneficial.

    What is an arrest? It happens when the police take the person into their custody because he is suspected of committing, or even planning, a crime. Yes, they have the legal authority to do so, given that there really is a probable cause for an arrest. But, don’t they need a warrant in order to carry out the arrest? If the police officers have good reasons, like personally being able to observe the crime or having concrete evidence for the crime and not just vague suspicion, the authorities arrest the person. But when an arrest is done in the person’s home, then a warrant is required.

    We often see on television that during an arrest, the police officer tells the arrested person that he has the right to remain silent and that he can have an attorney. That scene is almost similar in real life. Those rights read to the suspect are called Miranda rights. Technically, authorities do not need to read the Miranda rights before an arrest. The rights should be read before an interrogation—before any questioning. But usually, the interrogation happens during the arrest, thus the Miranda rights really need to be read. What are these rights?

    First, you can choose to remain or keep silent. Any detail that you tell them will soon be used to accuse you. However, you have to assert that you are exercising your right to remain silent. After affirming your right, do not answer any more questions. Why? If you do so, your right to remain silent will become void—and any answer you give after that can be charged against you in trial. The only questions that you can answer are those that identify you, such as your name and address. 

    The questions that authorities ask might seem harmless. But whatever inconsistency in your statements, even unintentional lapses in details, can mean dishonesty and can sow doubt. If, however, the Miranda warning was not read to you before any questioning, then your words can never be used to accuse you in trial. Keep in mind, though, that after declaring your right to remain silent, mean it and speak only to your attorney. It could mean that you may need to be in police custody for hours until the attorney arrives. However long it takes, do not answer any questions until your lawyer arrives. If you do not have the resources to have an attorney, the Public Defender office can provide an attorney for you.Getting arrested may be a horrible experience, but if we are knowledgeable about our rights during an arrest, we can deal with it successfully. If you feel like the arrest was not justified, or you think you were wrongly accused, you can challenge the arrest later on. But during the arrest, avoid resisting or arguing with authorities. Treat them with respect and kindness. Just follow the due process, and ask your lawyer to help you challenge the arrest.

    Categories: Rights During Arrest

    What Does It Take to Be a Successful Bail Bondsman?

    Having a profession is one thing. But being successful in that profession is another. The same is also true with being a bail bondsman. You may be licensed and technically in a position to help people post bail. But do you consider yourself successful? Are you doing well as bail bondsman? In this article, we will discuss some helpful tips on how to become a successful bail bondsman.

    First things first. In order to thrive, you need a good foundation. And it starts with compliance of the requirements of becoming a bail bondsman. It’s very basic and expected that you must get a license before you practice. Getting a license equips you with the knowledge and education you need in order to become proficient. To succeed, you do not want to be content with what you already know. You need to work hard. To do that, you may want to educate yourself more—about the different kinds of crimes, as well as their corresponding punishment requirements. Additionally, a successful bail bondsman is keen when it comes to details. Every client requires paper works, and accuracy is vital.

    Of course, you will be dealing with people. So let’s get to the next step: cultivating important qualities in dealing with others. Whether you like it or not, how you deal with your clients is an important factor if you want to get ahead. They are the ones who will tell others about you as a bail bondsman—be it positive or negative. In addition, keep in mind that a good reputation can go a long way. So what qualities does a successful bail bondsman possess?

    A successful bail bondsman is patient. Remember, you are dealing with a person who is experiencing a stressful situation. Thus, your client may be anxious or irritable during your first meeting. He may say or do things that you think are inappropriate. Would you easily react and retaliate? That might be the easiest course, but that will not make things better. So, what should you do? Try to put yourself in his situation. How do you want to be treated during your anxious moments? Also, try to understand the reason behind the behavior. Discern the “why”; do not focus on the “what”. So compose yourself and be professional. A calm answer and a warm smile are the most effective ways to relax your client. Next, be a good listener. Your client may want to express his anxiety and concerns. Thus, listen intently and avoid making unnecessary interruptions, if possible. Make him feel that you sincerely want to help, and mean it. Others can sense if we are just trying to appear genuine.

    We realize that being successful in our profession involves a number of factors including the right foundation, right motive, positive qualities, and dedication. Thus, what does it take to be a successful bail bondsman? Simple, have an intelligent mind and a good heart.

    Categories: Bail Bondsman

    The Difference Between a Bail Bondsman and a Bounty Hunter

    Have you ever wondered about the difference between the bail bondsmen and the bounty hunters? The simple and direct answer to this intriguing question is that a bail bondsman helps people get out of jail, while a bounty hunter puts people in jail. Sounds like a complete opposite? Not really. The truth is, they work with each other closely towards a common goal. To find out the difference between these two important job titles, let us take a look at the responsibilities or duties of each one.

    bail bond

    Bail Bondsman

    The main job of a bail bondsman or bail bond agent is to help a person get out of jail. He lets the accused criminal make a loan, so the person can post a bail and gain temporary freedom. However, there are instances when the defendant does not show up on a court hearing. In this case, the bail bond agent, or the bail company, loses a significant amount of money. And when it happens, the bail bondsmen often employ the services of a fugitive recovery agent or popularly called “bounty hunters.”

    Bounty Hunter

    The main job of a bounty hunter or sometimes called Fugitive Recovery Agent is to put people in jail. They pursue, arrest, and bring the fugitive to the court within the time set by the judge. They are licensed and registered individuals who have a major role in the criminal justice of any country. Their job is to find people who were released on bail but did not show up on their court proceedings. This job requires a lot of investigative work and they have extensive ways to do the arrest. They are paid only if they successfully deliver the fugitive to the court within the required time frame.

    The Differences

    • The bail bonds agent can hire the bounty hunter to look for the accused and bring him into custody, but the bounty hunters cannot hire the bail bond agents to post a bond to release the accused person.
    • A bail bond agent is not allowed and is not licensed to carry a gun while bounty hunters have the right to carry firearms or defend themselves.
    • A bail bondsman does not have the license to track or arrest the person accused of bail jumping while the bounty hunter is the one responsible for tracking and arresting the fugitive.
    • A bail bondsman cannot enter into a fugitive’s home without a search warrant (it is not also his duty), while a bounty hunter can search a fugitive’s residence without a search warrant. But they can only enter a fugitive’s home when they are sure that the person really lives there. They are not allowed to enter the homes of the fugitive’s family or friends.  A bounty hunter also has the right not to announce or even read the Miranda rights to the accused before making the arrest.

    Yes, there is a major difference between bail bondsmen and bounty hunters in terms of the nature of their job. Despite the great differences, however, both work together for a common cause.

    Categories: Bail Bondsman