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The bail bondsman's right to arrest has been long established by a court decision in which it stated that the bondsman or bounty hunter could do any of the following: seize the fugitive and deliver him/her up in their discharge; pursue the fugitive to another state; arrest the fugitive on the Sabbath and could break into the house for that purpose.
This practice derives from old longstanding common law and gives bailbondsmen a unique power and authority not even available to law enforcement authorities.
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What else can I help you with?
The defendant was release on bond with the condition of house arrest. Who has the custody over the defendant?
The defendant is under the order of the court. House arrest is a PRIVILEGE. If he is on house arrest and this information is communicated to law enforcement (which it probably has) if he leaves the property to which he is confined he can be arrested on sight.
Release from jail on bail using a bail bonds co attached to the bond was house arrest electronic monitor by the sheriff dept the defendant fled who is responsibility for the liability of the bond?
The person who hired the balilbondsman and paid the balibondsman's fee will lose the fee they paid. It is now the bailbondsman's responsibility to return the defendant to court or he will lose the ENTIRE amount of the bond they posted.
What rights does a criminal defendant have?
The use of the word "defendant" implies that the individual is already under arrest and has been charged. In that case: They have the right to counsel, to be confronted by the witnesses against them, and to be tried by a jury of their peers. If convicted, they have the right to expect NO cruel or unusual punishment.
At what point in the criminal justice process must the defendant learn of their Miranda right?
Any time after arrest (or in custody by an LEO) and before questioning.
What action can the bail bonder take if he loses his bail deposit?
If a bailbondsman bonds out a defendant and then the defendant flees - the bailbondsman will lose more than the 'deposit' that was paid to him for his services - he will lose the ENTIRE amount of the defendants bond amount - which in many cases will amount to many thousands of dollars that he willhave to pay to the court.THAT is why bailbondsman employ bail agents to recapture and return fleeing defendants. Many times they are more successful than law enforcement in this endeavor, AND they do not necessarily have to ovserve all the legal "niceties" that law enforcement must.My adivce: Don't skip on a bailbond!!
What is the means for compelling the defendant to appear in court?
A Warrant of Arrest usually works.
How long does a defendant have to get a preliminary hearing?
Within 24 to 72 hours af arrest.
What is evxtradition?
The process by which a defendant is returned to the State of Arizona to stand trial after arrest in another jurisdiction.
What if the defendant is not called back to court at the end of probation period?
If this happens then a warrant is put on their arrest
What does Forfeiture and issue capias mean?
When a Defendant fails to appear for court on a plea or trial date. The judge can issue an orderconditionallyforfeiting the bond and issuing a capias warrant for the Defendant's arrest.
What happens if defendant doesnt show for court?
In all probablity the judge will issue a warrant for his/her arrest.
Which part of the arrest and pretrial process does the suspect become the defendant and the prosecutor presents the evidence of a crime?
The suspect becomes the defendant during the arraignment, which is the initial court appearance following arrest. During this stage, the defendant is formally charged and enters a plea. The prosecution may also present preliminary evidence to establish probable cause for the charges, which is essential for moving the case forward.
