CALIFORNIA

Between  January 1, 2000 and January 1, 2010, Assembly Bill 243 established the Bail Fugitive Recovery Persons Act codified as Article 5.5 of the California Penal Code (Section 1299-1299.14).  However the Act had a "sunset clause" which repealed the Act on January 1, 2010.  The repealed Article 5.5 can be viewed at: http://law.justia.com/california/codes/pen/1299-1299.14.html

Prior to the repeal of the Bail Fugitive Recovery Persons Act, this law required a person engaging in the arrest of a defendant under Penal Code Section 1301 to be 18 years of age, have completed a 40-hour course certified by the Commission Police Office Standards and Training, have completed a 12 hour course relating to the Insurance Code, and received same powers of arrest training as required by a California Security Guard under Section 7583.7 of the Business and Professions Code.  The prior law also prohibited convicted felons from working as Bail Fugitive Recovery Persons and required that the local police department or sheriff's department be notified of a person's intent to apprehend a bail fugitive within their jurisdiction.

Now, it appears that, under Penal Code Section 1301, a bail agent or solicitor, 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, may arrest the defendant or "may empower any person of suitable age to do so."

UNITED STATES

Outside of California, each state has its own laws concerning Bail Fugitive Recovery Persons which are also referred to in different states as Bail Enforcement Agents and commonly we are referred to as Bounty Hunters. While our office has a policy of referring out-of-state cases to local Bail Fugitive Recovery Persons, we are able to research and comply with any state laws in connection with fugitive recovery, providing the state permits fugitive recovery agents to operate within its borders.

Transferring fugitives between sub-national regions (for example, between the individual states of the United States) when required by law is known as rendition.  Transferring fugitives between national regions is known as extradition.

INTERNATIONAL

Outside of the US (and in some states) Fugitive Recovery Agents have no official standing.  While we cannot directly arrest a fugitive in another country, we can investigate, locate and facilitate the arrest of a fugitive through local law enforcement channels. If available, we will involve the FBI's Legal Attaché offices, commonly known as Legats. The Legats and smaller sub-offices of the FBI are located in more than 70 key cities worldwide, providing coverage for more than 200 countries, territories, and islands.  While international fugitive apprehension is not the primary objective of the FBI's overseas offices, they do provide assistance in some fugitive recovery situations.  However, in all cases involving US fugitives, we will notify the Secretary of State and seek the cooperation of the Regional Security Officer at the embassy since they generally arrange the transportation back to the US via US Marshalls.

International extradition exists only by authority of an international treaty with the nation where the fugitive is located.  Extradition treaties limit extradition to certain offenses and not all fugitives can be extradited.  In some rare cases extraditions can be conditional.  For instances, as a condition of extradition from a country that does not implement the death penalty, the prosecutor may agree to limit the maximum sentence to life in prison without the possibility of parole.

Once the foreign authorities notify the American Embassy that the fugitive is ready to be surrendered, the Office of International Affairs (OIA) will inform the prosecutor and arrange with the United States Marshals Service for agents to escort the fugitive to the United States.

In California, if a person is in custody in a foreign jurisdiction and the prosecuting agency elects not to seek extradition after being informed of the location of a fugitive defendant, the bond may be exonerated.  

While fugitive recovery is our focus, our ultimate goal is exoneration of the bond and once you contract with us, we provide expert assistance to you with this goal as our primary objective.

DISCLAIMER: The materials cotained in Globalfugitiverecovery.com have been prepared by Global Fugitive Recovery in Santa Ana, California for informational purposes only and are not intended as legal advice. The information available on the website is not intended to create, and receipt of it does not constitute, any professional relationship of any type. The information on legal issues available on this website is not a substitute for legal advice from a qualified attorney, solicitor, barrister or other legal professional authorized to practice law in the appropriate jurisdiction.