Bail Enforcement Legalities
It seems it is happening more often recently, and I get asked a lot how to know the difference between someone in bail enforcement doing it legally vs illegally.
Here at Valor, we comply with applicable laws and regulations set forth by governing bodies which is Texas Department of Public Safety in our field.
So how do you know the difference when hiring a legal Bail Enforcement company and an illegal one?
This can actually be answered fairly simply: if you are contracting with a legal company, you will be dealing with that company. Per DPS regulations only those working with a company who performs the duties can work as Bail Enforcement and the company itself must hold the contract. This means, your Authority to arrest should be made out with the investigations company name and license number, not an individual name. Also, when, you cut a check, it should never be to an individual person, rather needs to be written to the actual investigations or security company.
The state of Texas says a licensed private investigator, or a commissioned security officer can perform the task of bail enforcement, but it also states that they must work with a company who performs the duties, and that company must be properly insured for the work they perform.
This means a security guard who works for let’s say “Allied Universal” cannot be performing Bail Enforcement. Allied does not specialize in that field and does not cover those job duties nor insurance. If a Bail Bond company hires someone like this, it is a freelancer. Freelancing is illegal and subject to criminal prosecution in the state of Texas. It is a felony.
Freelancers are often appealing to bond companies. They offer lower rates. However, they do are not as effective as a true licensed company, and they can land you in financial and licensure difficulties. Why do legitimate companies have higher rates? That answer is simple, we pay for the correct insurance to protect our bond companies, pay licensure fees, and have access to the most advanced technologies that freelancers do not. Therefor it cost our company more to run so we must uphold the standard pricing of the industry.
Protect your company, do your research, and hire legally.