A surety debtor, surety debtor, surety agent or bond broker is any person, agency or company that acts as surety and pledges money or property as surety for a defendant`s appearance in court. Several high-profile cases involving Bondman`s misconduct have led to calls for increased regulation of the industry or a complete abolition of the for-profit bail industry. [30] [31] [32] [33] One of the most important cases in Louisiana involved the bribery of judges by a bail agency. A wide-ranging FBI investigation, code-named « Operation Wrinkled Robe, » led to criminal charges and deportation proceedings for various judges such as Ronald Bodenheimer and police officers. [34] [best source needed] In California, bail is heavily regulated by the California Penal Code,[22][23] the California Insurance Code,[24] and the California Code of Regulations.[25] All violations of the above violations constitute violations of the California Insurance Code of 1814 [26] – including administrative regulatory codes such as records, how claims are made, warranties, and the treatment of inmates. Under California law, it is a crime for a bail debtor to do business in a county jail. [27] [28] [29] to all authorized California bail officers regarding the judgment. n. a professional agent for an insurance company that specializes in providing bail guarantees to persons accused of crimes awaiting trial for release. A debtor`s (or bailiff`s) offices are usually located near the local courthouse and jail, its advertisement is in the Yellow Pages, and some make « home visits » to prison or hand out cards in court.
Surety debtors usually charge the suspect a fee of 10% of the bond amount. If a surety debtor has reason to believe that a person he has rescued is about to flee, he can revoke the bail and take his client to prison. Bail officers are found almost exclusively in the United States and its former territory, the Philippines. [1] In most other countries, bounty hunting is illegal. [2] The industry is represented by various professional associations, with the Professional Bail Agents of the United States and the American Bail Coalition forming a coordinating group for bail officers and bail societies, and the National Association of Fugitive Recovery Agents representing the bounty hunting industry. [Citation needed] Organizations representing the legal profession, including the American Bar Association and the National District Attorneys Association, oppose the practice of bond trading, saying it discriminates against poor and middle-class defendants while doing nothing for public safety. [3] Warranty – Any person, such as a surety, who assumes responsibility for a defendant`s appearance in court. With the signing of a deposit, a debtor on bail acts as a guarantee.
Surety bond – If a defendant is unable to pay the full amount of the bond, they will often seek help from a surety debtor. A surety debtor is a person who agrees to pay bail for a defendant in exchange for compensation, provided that the defendant appears in court. A surety debtor acts as a « guarantor » (see definition below). Surety – A written agreement between a defendant and a surety debtor that the debtor must pay the full amount of the bond or lose some security in case the defendant does not show up on a scheduled hearing date. Some states, such as North Carolina, have banned the use or licensing of « bounty hunters »; Therefore, surety debtors must arrest their own refugees. Bond agents may sue for compensation, any person who has guaranteed the defendants` appearance in court and/or the defendants themselves for funds confiscated in court for the defendants` non-appearance. [Clarification required] By 2007, four states – Illinois, Kentucky, Oregon, and Wisconsin – had completely banned commercial filing[16] and generally replaced the 10% cash deposit alternative described above. Some of these states explicitly allow the AAA and similar organizations to continue to provide surety services under insurance contracts or membership agreements. [Citation needed] While not entirely illegal, the practice of bail services in Massachusetts effectively ended in 2014. [17] Most members of the U.S. legal establishment, including the American Bar Association and the National District Attorneys Association, dislike the bail agreement and claim that it discriminates against poor and civil defendants, does nothing for public safety, and usurps decisions that should be made by the justice system. [2] Non-profit bail funds have been established to combat the problem of discrimination by using donations to cover the amount of the arrested person`s bail.
[18] The economically discriminatory effect of the bond system has been controversial since the 1910s and is the subject of attempts at reform. Market evidence suggests that when setting bail, judges demanded less chance of minority defendants fleeing. [19] See, for example, Frank Murphy`s establishment of a bond division in Detroit, Michigan`s Recorder`s Court. [20] In addition, economic incentives to set profits make it less likely that defendants accused of minor crimes (to whom lower bail amounts are awarded) will be released. Indeed, a surety debtor will not find it profitable to work on issues where the percentage of profit would yield $10 or $20.