Fugitive Recovery Agent Colorado – How Bounty Hunters Work

Q: Why do bail bondsmen need bounty hunters?

When a defendant in a Colorado criminal case hires a licensed bail bondsman, the bondman pays the court the entire bail amount ("face amount") in exchange for the defendant paying the bondsman a small percentage (usually 10% to 15%) of the bail amount. Then when the criminal case ultimately ends, the court returns the entire bail amount to the bondsman. And the bondsman gets to keep as profit the percentage that the defendant paid upfront. But if the defendant blows off the criminal case and no-shows at court, the court then keeps the entire bond amount indefinitely. This leaves the bail bondman in a severe financial deficit. So the bondsman hires a Colorado fugitive recovery agent to find the defendant and haul them into court. Then once the defendant is back in custody, the court will return ("exonerate") the bail money to the bondsman. (The bondsman will usually pay the bounty hunter about 10% to 20% commission of the bail amount.)

Q: How far can bounty hunters go in Colorado?

In the contract that defendants sign with their bail bondsman, defendants consent to bounty hunters breaking into their home and arresting them should they ever become fugitives. But if the defendant is hiding somewhere outside of their home, then Colorado law prohibits bounty hunters from breaking in. If they do, they face such criminal charges as trespass and burglary. Note that every state regulates bounty hunting differently. So if a defendant allegedly flees Colorado to another state, bounty hunters need to follow the relevant laws of that other state. The other state's criminal justice system may have broader or narrower protections for bounty hunters.

Q: Are bounty hunters police?

No. Fugitive recovery agents are private agents employed by the bonding company, not a local law enforcement agency. Therefore, Colorado bail enforcement agents do not need to obtain a warrant first before conducting searches or seizures. They can carry firearms like regular civilians can as long as they follow all applicable laws. And when bounty hunters apprehend a defendant, it is a citizen's arrest. There are no state licensure or education requirements to become a bounty hunter in Colorado. Though people can find schools online that offer training courses and continuing education courses for how to become a bounty hunter. Most bail bond companies require bounty hunters to pass a background check (with no felony convictions) and to complete a training program from a licensed provider. In practice, many bounty hunters are retired or out-of-work police officers, peace officers, private investigators, or security guards.

Posted on August 8, 2023

Office bulding that says "bail bonds" outside — Bounty hunters can break into your home in Colorado.

Colorado bail bondsmen hire fugitive recovery agents (“bounty hunters” or “bail enforcement agents”) to track down and apprehend customers who broke their promise of appearing in court on their criminal case. If the agent is successful in arresting and hauling the fugitive back into court, the bail bonds business will pay the agent a commission.

1. Why do bail bondsmen need bounty hunters?

When a defendant in a Colorado criminal case hires a licensed bail bondsman, the bondman pays the court the entire bail amount (“face amount”) in exchange for the defendant paying the bondsman a small percentage (usually 10% to 15%) of the bail amount. Then when the criminal case ultimately ends, the court returns the entire bail amount to the bondsman. And the bondsman gets to keep as profit the percentage that the defendant paid upfront.

But if the defendant blows off the criminal case and no-shows at court, the court then keeps the entire bond amount indefinitely. This leaves the bail bondman in a severe financial deficit.

So the bondsman hires a Colorado fugitive recovery agent to find the defendant and haul them into court. Then once the defendant is back in custody, the court will return (“exonerate“) the bail money to the bondsman. (The bondsman will usually pay the bounty hunter about 10% to 20% commission of the bail amount.)¹

2. How far can bounty hunters go in Colorado?

In the contract that defendants sign with their bail bondsman, defendants consent to bounty hunters breaking into their home and arresting them should they ever become fugitives.

But if the defendant is hiding somewhere outside of their home, then Colorado law prohibits bounty hunters from breaking in. If they do, they face such criminal charges as trespass and burglary.

Note that every state regulates bounty hunting differently. So if a defendant allegedly flees Colorado to another state, bounty hunters need to follow the relevant laws of that other state. The other state’s criminal justice system may have broader or narrower protections for bounty hunters.²

3. Are bounty hunters police?

No. Fugitive recovery agents are private agents employed by the bonding company, not a local law enforcement agency.

Therefore, Colorado bail enforcement agents do not need to obtain a warrant first before conducting searches or seizures. They can carry firearms like regular civilians can as long as they follow all applicable laws. And when bounty hunters apprehend a defendant, it is a citizen’s arrest.

There are no state licensure or education requirements to become a bounty hunter in Colorado. Though people can find schools online that offer training courses and continuing education courses for how to become a bounty hunter.

Most bail bond companies require bounty hunters to pass a background check (with no felony convictions) and to complete a training program from a licensed provider. In practice, many bounty hunters are retired or out-of-work police officers, peace officers, private investigators, or security guards.³

There are no licensing requirements to be a bail enforcement agent in Colorado.

Additional reading

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Legal References

See CRS 16-4-110. Note that bail bondsmen are also called bail bonding agents, and bounty hunters are also called bail recovery agents or bail enforcement agents.
Oram v. People (2011) 255 P.3d 1032 (“We hold that the common law bonding agent’s privilege does not exist in Colorado…Only one who has a possessory or ownership interests in a property may consent to the entry of that property.”). People v. Oram (Court of Appeals of Colorado, Division Two, 2009) 217 P.3d 883. (Old bail bond law was codified under Colorado Revised Statute (C.R.S.) 12-7-101). Some states with stricter rules for bounty hunters include South Carolina and Kentucky.
See also Bail Bonds, the Department of Regulatory Agencies (DORA), Colorado Division of Insurance/Department of Insurance.

About the Author

Michael Becker

Michael Becker has over a quarter-century's worth of experience as an attorney and more than 100 trials under his belt. He is a sought-after legal commentator and is licensed to practice law in Colorado, Nevada, California, and Florida.

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