TRAINING PART ONE

Well now you are really confused. The amount of laws that have to be memorized is staggering. It's not so bad. Just remember knowledge is power. Those that have the knowledge have the power. Spend the time necessary to learn the laws of the jurisdiction in which you will be working. This is very important! Compliance with the laws of the jurisdiction in which you are working will always save you when things go awry and believe me at some point in your career things will go south. Sometimes even though there is state laws governing bounty hunters the local jurisdiction (county or city) may have their own set of rules in place. You want to keep law enforcement on your side, not against you. Thus, learn the local rules and become familiar with some of the law enforcement personnel. One of the greatest assets in the world that a bounty hunter could obtain is to have contacts in law enforcement that will help him when he or she needs them. You can't put a price on that kind of relationship.

Most bounty hunters have no formal training whatsoever. They haphazardly run around like rooster's in a hen house, if you will, strutting their stuff, waiting to grab on to their prey. The problem is most of them run around in circles for days on end with no direction shown. You can turn on the television set and watch almost any of the documentaries concerning bounty hunters and you will immediately realize that most of these persons have no training whatsoever. Every time one of these shows airs it seems to set the bail industry back 20 years. It causes the general consuming public to have the opinion that bail bondsmen, bounty hunters and the bail business in general have a lousy stigma attached to them. But that's TV. I guess the show would not sell if you did not have a bunch of Nim Rods running all over town looking for a fugitive. (I got the term Nim Rods from George Carlin.) These people are a disgrace to the profession. That's right, I said profession. Bounty Hunting is a professional business. Most all successful bounty hunters are true professionals.

Due to previous employment we were experienced in running credit checks and background information on various persons. We had some experience in martial arts and boxing. That being said, like most, we jumped into the bounty hunting business with both feet. That was our first mistake. We should have known better. I am part Cherokee and any Indian will tell you not to test how deep the water is with both feet at the same time. Yes, we jumped right in. In the first 6 days of bounty hunting Maria and I earned about $17,000.00. That's right, 17K! HOWEVER, and there always is a big however, in those six days I got the shit kicked out of me five times. I mean I got beat so bad that there wasn't any shit left in me after the last guy was finished kicking the living shit out of me. Yep! Oh yeah, we got our fugitives. Seven fugitives. All of them went to jail. I remember on the last two I could barely walk from the car to the door at the jail to book my fugitives.

That's when we realized (Duhhhhhh) that we had better obtain some training before we tried to capture anyone else. (Besides, I could barely walk and my whole body hurt so I really wasn't able to chase someone at this point.)

Telephone is ringing; I have to go. I have to take this call from a CI. (That's a confidential informant in case you do not watch TV.)

I will blog again as soon as I can and  next time I will touch on the Powers of Arrest, inter alia.

If you have any comments please post.  You can follow on the main page.  I would sure appreciate any comments.  If you have questions I will try to answer if I have time.  Please, do not jump the gun.  I will only answer questions relating to what has been blogged to date.  Thanks.

BOUNTY HUNTING FOR FUN AND PROFIT
By, Ed and Maria Brown
“Bounty Hunters Extraordinaire”©™

Twitter: @edandmariabrown (or) @BountyLadyNo1
© 1997, ©2010 Ed and Maria Brown


“There is no hunting like the hunting of man, and those who have hunted armed men long enough and liked it, never care for anything else thereafter” Ernest Hemingway.

SO YOU WANT TO BECOME A BOUNTY HUNTER, ARREST THE BAD GUYS AND SAVE THE WORLD WHILE EARNING LOT’S OF MONEY!
SOUNDS GOOD TO US!

Success will come to you as a Bounty Hunter when you are ready for it. When we say that, we mean that you have to be mentally and physically ready to be successful as a Bounty Hunter.
First and most importantly, you need to determine all of your strengths and weaknesses so that you can capitalize on your strengths and use those strengths to overcome your weaknesses. There is no room in the Bounty Hunting business for persons who are not focused on the task of apprehending a human being who does not want to be arrested.

Nowadays television and other media has presented the bounty hunter as somewhat of a comical character that runs around haphazardly trying to capture a person who has forfeited a bail bond. In March, 2010 a movie entitled “The Bounty Hunter” was released in theaters. Again, the bounty hunting business is being portrayed as a haphazard and comical profession. In reality this scenario couldn’t be further from the truth. In fact, the way the bounty hunter has been portrayed by various media has caused some of the “newbie’s” getting into the bounty hunting business to suffer tremendous injuries and has caused some fugitive’s to endure being hurt severely or even being shot or killed needlessly. When this happens the criminal charges against the bounty hunter are usually prosecuted to the full extent of the law and the civil liability aftermath from the fugitive or his/her family is unyielding and can wipe out a person’s assets.
We will be discussing decisions that need to be made before one ever considers becoming a bounty hunter. These decisions will not only include you but will include your family and anything else you care about on this planet.

If you do decide to become a bounty hunter we will discuss some of the necessary steps that we feel should be taken before you ever attempt to try to capture a person who has “jumped bail,” commonly known as a “fugitive from justice.” These steps will include but not be limited to bail class requirements, licensing requirements, hand to hand combat training, weapons training and certification, gas training and certification, stunning device training and certification, pursuit and hot pursuit training both by foot and by vehicle, tracking including electronic, physical and vehicle, developing communication skills, the art of pretext, and all other pertinent training needed to become a successful bounty hunter. One of the most important things you will have to learn is how to protect yourself and your family from the retaliation from some of the fugitives that you will arrest. As a bounty hunter your life will change dramatically and you will not be able to endure a normal life style.

Let’s not put the cart before the horse. First things first. Most states have laws that regulate bail bonds and bail enforcement agents. In California the bail enforcement agents are referred to a “Bail Fugitive Recovery Agents.”

Most of this blog will be based on the laws of the State of California which includes the California State Penal Codes, Insurance Codes and the Business and Professions Codes. You must check the laws of your own state and any other state you may be conducting business as a bounty hunter before becoming a bounty hunter. You must do this before trying to apprehend a fugitive. Some states do not allow bail. Some states do not allow bounty hunters. Again, check your state laws before proceeding to become a bounty hunter.

The following is the State of California Penal Code Section 1299 entitled; “The Bail Fugitive Recovery Persons Act.” This act was repealed on January 1, 2010. The act became law in 1999 and it helped regulate the bounty hunting industry in the State of California. A copy of that law is as follows:

BAIL FUGITIVE RECOVERY PERSONS ACT
PENAL CODE SECTION 1299-1299.13

1299. This article shall be known as the Bail Fugitive Recovery Persons Act.

1299.01. For purposes of this article, the following terms shall have the following meanings:
(a) "Bail fugitive" means a defendant in a pending criminal case who has been released from custody under a financially secured appearance, cash, or other bond and has had that bond declared forfeited, or a defendant in a pending criminal case who has violated
a bond condition whereby apprehension and reincarceration are permitted.
(b) "Bail" means a person licensed by the Department of Insurance pursuant to Section 1800 of the Insurance Code.
(c) "Depositor of bail" means a person or entity who has deposited money or bonds to secure the release of a person charged with a crime or offense.
(d) "Bail fugitive recovery person" means a person who is provided written authorization pursuant to Sections 1300 and 1301 by the bail or depositor of bail, and is contracted to investigate, surveil, locate, and arrest a bail fugitive for surrender to the appropriate court, jail, or police department, and any person who is employed to assist a bail or depositor of bail to investigate, surveil, locate, and arrest a bail fugitive for surrender to the appropriate court,
jail, or police department.

1299.02. (a) No person, other than a certified law enforcement officer, shall be authorized to apprehend, detain, or arrest a bail fugitive unless that person meets one of the following conditions:
(1) Is a bail as defined in subdivision (b) of Section 1299.01 or a depositor of bail as defined in subdivision (c) of Section 1299.01.
(2) Is a bail fugitive recovery person as defined in subdivision
(d) of Section 1299.01.
(3) Holds a bail license issued by a state other than California or is authorized by another state to transact and post bail and is in compliance with the provisions of Section 847.5 with respect to the arrest of a bail fugitive.
(4) Is licensed as a private investigator as provided in Chapter 11.3 (commencing with Section 7512) of Division 3 of the Business and Professions Code.
(5) Holds a private investigator license issued by another state, is authorized by the bail or depositor of bail to apprehend a bail fugitive, and is in compliance with the provisions of Section 847.5 with respect to the arrest of a bail fugitive.
(b) This article shall not prohibit an arrest pursuant to Sections 837, 838, and 839.

1299.04. (a) A bail fugitive recovery person, a bail agent, bail permittee, or bail solicitor who contracts his or her services to another bail agent or surety as a bail fugitive recovery person for
the purposes specified in subdivision (d) of Section 1299.01, and any bail agent, bail permittee, or bail solicitor who obtains licensing after January 1, 2000, and who engages in the arrest of a defendant pursuant to Section 1301 shall comply with the following requirements:
(1) The person shall be at least 18 years of age.
(2) The person shall have completed a 40-hour power of arrest course certified by the Commission on Peace Officer Standards and Training pursuant to Section 832. Completion of the course shall be for educational purposes only and not intended to confer the power of arrest of a peace officer or public officer, or agent of any federal, state, or local government, unless the person is so employed by a governmental agency.
(3) The person shall have completed a minimum of 12 hours of classroom education certified pursuant to Section 1810.7 of the Insurance Code.
(4) The person shall have completed a course of training in the exercise of the power to arrest offered pursuant to Section 7583.7 of the Business and Professions Code.
(5) The person shall not have been convicted of a felony.
(b) Upon completion of any course or training program required by this section, an individual authorized by Section 1299.02 to apprehend a bail fugitive shall carry certificates of completion with him or her at all times in the course of performing his or her duties under this article.

1299.05. In performing a bail fugitive apprehension, an individual authorized by Section 1299.02 to apprehend a bail fugitive shall comply with all laws applicable to that apprehension.

1299.06. Before apprehending a bail fugitive, an individual authorized by Section 1299.02 to apprehend a bail fugitive shall have in his or her possession proper documentation of authority to apprehend issued by the bail or depositor of bail as prescribed in Sections 1300 and 1301. The authority to apprehend document shall include all of the following information: the name of the individual authorized by Section 1299.02 to apprehend a bail fugitive and any fictitious name, if applicable; the address of the principal office of the individual authorized by Section 1299.02 to apprehend a bail fugitive; and the name and principal business address of the bail agency, surety company, or other party contracting with the individual authorized by Section 1299.02 to apprehend a bail fugitive.

1299.07. (a) An individual authorized by Section 1299.02 to apprehend a bail fugitive shall not represent himself or herself in any manner as being a sworn law enforcement officer.
(b) An individual authorized by Section 1299.02 to apprehend a bail fugitive shall not wear any uniform that represents himself or herself as belonging to any part or department of a federal, state, or local government. Any uniform shall not display the words United States, Bureau, Task Force, Federal, or other substantially similar words that a reasonable person may mistake for a government agency.
(c) An individual authorized by Section 1299.02 to apprehend a bail fugitive shall not wear or otherwise use a badge that represents himself or herself as belonging to any part or department of the federal, state, or local government.
(d) An individual authorized by Section 1299.02 to apprehend a bail fugitive shall not use a fictitious name that represents himself or herself as belonging to any federal, state, or local government.

1299.08. (a) Except under exigent circumstances, an individual authorized by Section 1299.02 to apprehend a bail fugitive shall, prior to and no more than six hours before attempting to apprehend the bail fugitive, notify the local police department or sheriff's department of the intent to apprehend a bail fugitive in that jurisdiction by:
(1) Indicating the name of an individual authorized by Section 1299.02 to apprehend a bail fugitive entering the jurisdiction.
(2) Stating the approximate time an individual authorized by Section 1299.02 to apprehend a bail fugitive will be entering the jurisdiction and the approximate length of the stay.
(3) Stating the name and approximate location of the bail fugitive.
(b) If an exigent circumstance does arise and prior notification is not given as provided in subdivision (a), an individual authorized by Section 1299.02 to apprehend a bail fugitive shall notify the local police department or sheriff's department immediately after the apprehension, and upon request of the local jurisdiction, shall submit a detailed explanation of those exigent circumstances within three working days after the apprehension is made.
(c) This section shall not preclude an individual authorized by Section 1299.02 to apprehend a bail fugitive from making or attempting to make a lawful arrest of a bail fugitive on bond pursuant to Section 1300 or 1301. The fact that a bench warrant is not located or entered into a warrant depository or system shall not affect a lawful arrest of the bail fugitive.
(d) For the purposes of this section, notice may be provided to a local law enforcement agency by telephone prior to the arrest or, after the arrest has taken place, if exigent circumstances exist. In that case the name or operator number of the employee receiving the notice information shall be obtained and retained by the bail, depositor of bail, or bail fugitive recovery person.

1299.09. (a) An individual authorized by Section 1299.02 to apprehend a bail fugitive shall not forcibly enter a premises except as provided for in Section 844.
(b) Nothing in subdivision (a) shall be deemed to authorize an individual authorized by Section 1299.02 to apprehend a bail fugitive to apprehend, detain, or arrest any person except as otherwise authorized pursuant to Chapter 5 (commencing with Section 833) of Title 3 of Part 2, or any other provision of law.

1299.10. An individual authorized by Section 1299.02 to apprehend a bail fugitive shall not carry a firearm or other weapon unless in compliance with the laws of the state.

1299.11. Any person who violates this act, or who conspires with another person to violate this act, or who hires an individual to apprehend a bail fugitive, knowing that the individual is not authorized by Section 1299.02 to apprehend a bail fugitive, is guilty of a misdemeanor punishable by a fine of five thousand dollars ($5,000) or by imprisonment in the county jail not to exceed one year, or by both that imprisonment and fine. 1299.12. This article shall remain in effect only until January 1, 2005, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2005, deletes or extends that date.

1299.13. Nothing in this article is intended to exempt from licensure persons otherwise required to be licensed as private investigators pursuant to Chapter 11.3 (commencing with Section 7512) of Division 3 of the Business and Professions Code.

1301. For the purpose of surrendering the defendant, the bail or any person who has deposited money or bonds to secure the release of the defendant, at any time before such bail or other person is finally discharged, and at any place within the state, may himself arrest defendant, or by written authority indorsed on a certified copy of the undertaking or a certified copy of the certificate of deposit, may empower any person of suitable age to do so. Any bail or other person who so arrests a defendant in this state shall, without unnecessary delay, and, in any event, within 48 hours of the arrest, deliver the defendant to the court or magistrate before whom the defendant is required to appear or to the custody of the sheriff or police for confinement in the appropriate jail in the county or city in which defendant is required to appear. Any bail or other person who arrests a defendant outside this state shall, without unnecessary delay after the time defendant is brought into this state, and, in any event, within 48 hours after defendant is brought into this state, deliver the defendant to the custody of the court or magistrate before whom the defendant is required to appear or to the custody of the sheriff or police for confinement in the appropriate jail in the county or city in which defendant is required to appear.
Any bail or other person who willfully fails to deliver a defendant to the court, magistrate, sheriff, or police as required by this section is guilty of a misdemeanor.
The provisions of this section relating to the time of delivery of a defendant are for his benefit and, with the consent of the bail, may be waived by him. To be valid, such waiver shall be in writing, signed by the defendant, and delivered to such bail or other person within 48 hours after the defendant's arrest or entry into this state, as the case may be. The defendant, at any time and in the same manner, may revoke said waiver. Whereupon, he shall be delivered as provided herein without unnecessary delay and, in any event within 48 hours from the time of such revocation. If any 48-hour period specified in this section terminates on a Saturday, Sunday, or holiday, delivery of a defendant by a bail or other person to the court or magistrate or to the custody of the sheriff or police may, without violating this section, take place before noon on the next day following which is not a Saturday, Sunday, or holiday.

ADDITIONAL PENAL CODES FOR YOUR READING ENJOYMENT
PENAL CODE SECTION 1300-1304

1300. (a) At any time before the forfeiture of their undertaking,
or deposit by a third person, the bail or the depositor may surrender
the defendant in their exoneration, or he may surrender himself, to
the officer to whose custody he was committed at the time of giving
bail, in the following manner:
(1) A certified copy of the undertaking of the bail, a certified copy of the certificate of deposit where a deposit is made, or an affidavit given by the bail licensee or surety company listing all that specific information that would be included on a certified copy of an undertaking of bail, must be delivered to the officer who must detain the defendant in his custody thereon as upon a commitment, and by a certificate in writing acknowledge the surrender.
(2) The bail or depositor, upon surrendering the defendant, shall make reasonable effort to give notice to the defendant's last attorney of record, if any, of such surrender.
(3) The officer to whom the defendant is surrendered shall, within 48 hours of the surrender, bring the defendant before the court in which the defendant is next to appear on the case for which he has been surrendered. The court shall advise the defendant of his right to move the court for an order permitting the withdrawal of any previous waiver of time and shall advise him of the authority of the court, as provided in subdivision (b), to order return of the premium paid by the defendant or other person, or any part of it.
(4) Upon the undertaking, or certificate of deposit, and the certificate of the officer, the court in which the action or appeal is pending may, upon notice of five days to the district attorney of the county, with a copy of the undertaking, or certificate of deposit, and the certificate of the officer, order that the bail or deposit be exonerated. However, if the defendant is released on his own recognizance or on another bond before the issuance of such an order, the court shall order that the bail or deposit be exonerated without prejudice to the court's authority under subdivision (b). On filing the order and papers used on the application, they are exonerated accordingly.
(b) Notwithstanding subdivision (a), if the court determines that good cause does not exist for the surrender of a defendant who has not failed to appear or has not violated any order of the court, it may, in its discretion, order the bail or the depositor to return the defendant or other person who has paid the premium or any part of it, all of the money so paid or any part of it.

1301. For the purpose of surrendering the defendant, the bail or any person who has deposited money or bonds to secure the release of the defendant, at any time before such bail or other person is finally discharged, and at any place within the state, may himself arrest defendant, or by written authority indorsed on a certified copy of the undertaking or a certified copy of the certificate of deposit, may empower any person of suitable age to do so. Any bail or other person who so arrests a defendant in this state shall, without unnecessary delay, and, in any event, within 48 hours of the arrest, deliver the defendant to the court or magistrate before whom the defendant is required to appear or to the custody of the sheriff or police for confinement in the appropriate jail in the county or city in which defendant is required to appear. Any bail or other person who arrests a defendant outside this state shall, without unnecessary delay after the time defendant is brought into this state, and, in any event, within 48 hours after defendant is brought into this state, deliver the defendant to the custody of the court or magistrate before whom the defendant is required to appear or to the custody of the sheriff or police for confinement in the appropriate jail in the county or city in which defendant is required to appear. Any bail or other person who willfully fails to deliver a defendant to the court, magistrate, sheriff, or police as required by this section is guilty of a misdemeanor. The provisions of this section relating to the time of delivery of a defendant are for his benefit and, with the consent of the bail, may be waived by him. To be valid, such waiver shall be in writing, signed by the defendant, and delivered to such bail or other person within 48 hours after the defendant's arrest or entry into this state, as the case may be. The defendant, at any time and in the same manner, may revoke said waiver. Whereupon, he shall be delivered as provided herein without unnecessary delay and, in any event within 48 hours from the time of such revocation. If any 48-hour period specified in this section terminates on a Saturday, Sunday, or holiday, delivery of a defendant by a bail or other person to the court or magistrate or to the custody of the sheriff or police may, without violating this section, take place before noon on the next day following which is not a Saturday, Sunday, or holiday.

1302. If money has been deposited instead of bail, and the defendant, at any time before the forfeiture thereof, surrenders himself or herself to the officer to whom the commitment was directed, in the manner provided in Sections 1300 and 1301, the court shall order a return of the deposit to the defendant or to the person or persons found by the court to have deposited said money on behalf of the defendant, upon the production of the certificate of the officer showing the surrender, and upon a notice of five days to the district attorney, with a copy of the certificate.

1303. If an action or proceeding against a defendant who has been admitted to bail is dismissed, the bail shall not be exonerated until a period of 15 days has elapsed since the entry of the order of dismissal. If, within such period, the defendant is arrested and charged with a public offense arising out of the same act or omission upon which the action or proceeding was based, the bail shall be applied to the public offense. If an undertaking of bail is on file, the clerk of the court shall promptly mail notice to the surety on the bond and the bail agent who posted the bond whenever the bail is applied to a public offense pursuant to this section.



1304. Any bail, or moneys or bonds deposited in lieu of bail, or any equity in real property as security in lieu of bail, or any agreement whereby the defendant is released on his or her own recognizance shall be exonerated two years from the effective date of the initial bond, provided that the court is informed in writing at least 60 days prior to 2 years after the initial bond of the fact that the bond is to be exonerated, or unless the court determines otherwise and informs the party executing the bail of the reasons that the bail is not exonerated.

A person is not allowed to enter the State of California to arrest a person who has been admitted to bail in another state that jumps bail and flees to California. A Petition may have to be signed by a Magistrate in the County where the fugitive is located before you can proceed to try to apprehend him. The following is the State of California Penal Code § 847.5 that deals with this issue.

Penal Code § 847.5:

If a person has been admitted to bail in another state, escapes bail, and is present in this State, the bail bondsman or other person who is bail for such fugitive, may file with a magistrate in the county where the fugitive is present an affidavit stating the name and whereabouts of the fugitive, the offense with which the alleged fugitive was charged or of which he was convicted, the time and place of same, and the particulars in which the fugitive has violated the terms of his bail, and may request the issuance of a warrant for arrest of the fugitive, and the issuance, after hearing, of an order authorizing the affiant to return the fugitive to the jurisdiction from which he escaped bail. The magistrate may require such additional evidence under oath as he deems necessary to decide the issue. If he concludes that there is probable cause for believing that the person alleged to be a fugitive is such, he may issue a warrant for his arrest. The magistrate shall notify the district attorney of such action and shall direct him to investigate the case and determine the facts of the matter. When the fugitive is brought before him pursuant to the warrant, the magistrate shall set a time and place for hearing, and shall advise the fugitive of his right to counsel and to produce evidence at the hearing. He may admit the fugitive to bail pending the hearing. The district attorney shall appear at the hearing. If, after hearing, the magistrate is satisfied from the evidence that the person is a fugitive he may issue an order authorizing affiant to return the fugitive to the jurisdiction from which he escaped bail.

This is it for today. We have to get back to work to locate, arrest and surrender another bail skip. We will continue the blog when we get some extra time.

If you like the blog or you are interested in becoming a bounty hunter then please respond so that we know you are out there. 

Twitter @edandmariabrown or @BountyLadyNo1

Let us know what you think and thanks for listening.
Ed and Maria Brown
“Bounty Hunters Extraordinaire”©™