Can they /really/ issue a warrant?

Anon

If someone is out on bail and fails to appear:

The JUDGE will issue a warrant for failure to appear. The person charged and on bail will have a warrant out for their arrest. If caught, they will likely go to jail and not be able to get bail. I suppose the quicker the person turns themselves in (doesn't have to be chased down) and has a good excuse, the more understanding the court will be - maybe they won't forfeit bail if the judge sees a real attempt to make an appearance - it's up to the judge. The flat tire excuse won't work if they catch you a month later...

The bondsman has nothing to do with the court and arrest warrant. The bondsman put out, let's say, $10,000 for bail. If someone does not appear, that money is forfeit - the government takes it. Now, he wants his money back. Likely, it was a friend of the defendant who promised to pay back the $10,000 if necessary. If you're that friend, there's no warrant, they aren't going to arrest you, but the bondsman will want his money out of you.

If you don't (can't) pay up, he'll get a court summons for you ("please show up", not "under arrest") for civil court, suing you for the money. If you don't show up to argue against it, he'll get a default judgement, if you do, he'll probably win. Once he gets that judgement (you signed the contract! You promised you would pay!) he'll go after whatever you own, or any specific property you pledged, and garnishee any wages, until he's paid in full, including expenses.

Meanwhile, once someone is a fugitive, there's probably some sort of reward for their capture in some jurisdictions, maybe financed by the bail bond the government took. This is where bail bondsmen/bounty hunters come in - the bondsman has a chance to get some of his money back through a little legwork and baseball-bat-work.

In the 1970's, Meyer Lanskey was a financier involved in shady deals in Toronto and Florida. He was charged, and his parents put up their house as bail - several hundred thousand dollars. He skipped bail and disappeared; he was caught several months later in Spain. The government came and took away his parents' house; they were left with nothing, because he skipped bail. Just because they caught him again, doesn't mean they give the bail money back. So, be careful who you put your finances on the line for...

RJ9

yes there will be a warrant. and who ever "arranged" the bond and "co signed" for that person is also in trouble

MenifeeManiac

There already is a warrant for your arrest, issued by the judge.

However, if the fugitive is returned to court, the judge would probably return the bail amount to the bondsman, and not allow the prisoner to be out on bond again.

cireengineering

Yes, and keep your money too.

only p

Not your arrest, but you are bound to the terms of that bond.

fr_chuck

actually they don't need a warrant, all they need is the bail paperwork ( normally the court issues a warrant for failure to appear) but the paperwork signed to get out on bail gives the bounty hunter alot more rights and take away most of the rights of the person on bail. the bounty hunter can basicly get them stick them in the trunk and cross state lines without any hearings and bring them back, just on the bail being revolked

But yes if they don't show up for court, they can only help the police get them on the warrant,
Most bounty hunters are not nice like "Dog" on TV and with the bounty hunter there is no "miranda rights" and the such, that was all signed away by the bail paperwork

DieNarrin

Not sure on your arrest, however you now owe the bondsman. So think twice before you bond someone out.

vmmhg

If you're the person that secured the bond then you are financially responsible for the amount of the bond. The bondsman can't issue any arrest warrants, only a judge can. And the judge will issue the warrant for the person that skipped out. All you're responsible for, if you signed the bond, is the value of the bond to the bonding agency. They in turn owe it to the court that issued the bail.

T Rom

YA THEY WILL PUT ONE OUT, I THINK YOU NEED TO TAKE CARE OF IT ASAP

aftergl0w12

I believe the bondsman isn't the one who puts out the warrant. The judge in the court that you missed will issue a warrant for Failure to Appear.

Mike W

From what I understand, the bondsman can hire a bounty hunter, to get the person that missed their court date. As for the issuing warrants, only a judge can do that.

big_mean_jailer

In Indiana you wouldn't be arrested, but you would be liable for the full amount of the bond + any expenditures to recapture the offender.

charlsyeh

if you put up the bail the warrant will not be for you. it will be for the person who skipped bail. you will lose all the bail money you put up

Paul M

Yes they can, you paid for their assurance that they would appear in court, You only released them from jail

scottp5657

They can put out a warrant for the person your bailed out, yes.... Let me rephrase. They WILL issue a warrant for your arrest if you are bailed our of jail and then do not show up for court.

Then you have you original charges, and a failure to appear charge. It's never a good idea.

Enter Your Message or Comment

User Name:
User Email:
Post a comment: