Colorado bail bondsmen hire fugitive recovery agents to track down and apprehend you if you broke your promise to appear in court in your criminal case. Other names for fugitive recovery agents are
- “bounty hunters” or
- “bail enforcement agents.”
If the agent is successful in arresting and hauling you back into court, the bail bonds business will pay the agent a commission.
I regularly represent people facing warrants, bond issues, and other complications after missing court. I understand how quickly a missed appearance can escalate, and I help clients navigate the process while protecting their rights.
In this article, I will discuss what you need to know about bail bondsmen and bounty hunters in Colorado.
Why do bail bondsmen need bounty hunters?
When you hire a licensed bail bondsman in Colorado, the bondman pays the court your entire bail amount (“face amount”) in exchange for you paying the bondsman a small percentage (usually 15%) of the entire bail amount.
Then, when your criminal case ultimately ends, the court returns the entire bail amount to the bondsman. The bondsman gets to keep it all, including the percentage that you paid upfront (the bondsman’s profit).
However, if you dismiss the criminal case and fail to appear in court, the court will then retain 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 you and haul you into court. Then, once you are 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
How far can bounty hunters go in Colorado?
In the contract you sign with your bail bondsman, you consent to bounty hunters breaking into your home and arresting you should you ever become a fugitive. Though if you are hiding somewhere outside of your home, then Colorado law prohibits bounty hunters from breaking in. If they do, they face such criminal charges as
Note that every state regulates bounty hunting differently. So if you allegedly flee 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
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. Then, when bounty hunters apprehend you, it is a citizen’s arrest.
Colorado has no state licensure or education requirements to become a bounty hunter. However, people can find schools online that offer training courses and continuing education courses on how to become a bounty hunter.
Most bail bond companies require bounty hunters to:
- be at least 18 years old;
- be a U.S. citizen or permanent resident;
- have passed a background check (with no felony convictions); and
- have completed a training program from a licensed provider.
In practice, many bounty hunters are retired or out-of-work police officers, peace officers, private investigators, security guards, or process servers.3
What are the requirements to be a bail bondsman?
The Colorado Division of Insurance (DIR) sets the following requirements for becoming a bail bondsman:
- finishing the casualty prelicensing education (50 hours) and passing the exam;
- finishing the bail bonding agent preappointment education (8 hours re. bail bonding and 16 re. bail recovery practices);
- getting an appointment with a bail insurance company; and
- applying for an insurance producer license with the casualty line of authority.
Bail bondsmen are also required to take continuing education.4
Frequently Asked Questions
Can a bounty hunter arrest me in Colorado?
Yes. A fugitive recovery agent may apprehend you when acting on behalf of the bail bond company responsible for your bond. Bounty hunters are private agents, not police officers, so their authority and the rules governing an apprehension differ from those that apply to law enforcement.
Does a bounty hunter need a warrant to arrest me in Colorado?
Generally, no. A fugitive recovery agent working for a bail bond company does not need to obtain a search or arrest warrant in the same way a police officer ordinarily would before apprehending someone who has skipped bail.
However, being a bounty hunter does not give someone unlimited authority. Colorado law still restricts what recovery agents can do, particularly when entering property belonging to someone other than the fugitive.
Can a bounty hunter enter someone else’s house looking for me?
Not simply because the bounty hunter believes you are there. Colorado courts have rejected a broad common-law privilege that would allow a bonding agent to enter a third party’s property without proper consent. Entering unlawfully could potentially expose the agent to criminal charges such as trespass or burglary.
What happens after a bounty hunter catches you?
Typically, the fugitive recovery agent returns you to custody so that your criminal case can proceed. Your failure to appear may also have consequences separate from the original criminal charge, including the issuance of a warrant and problems with your bond.
Whether you can obtain another release depends on the circumstances of your case and the court’s orders.
Can bounty hunters cross state lines to find you?
Potentially, yes. However, a Colorado fugitive recovery agent who follows you into another state must comply with the laws that apply there. States regulate bail enforcement differently, so conduct permitted in Colorado may be restricted or prohibited elsewhere.
Can bounty hunters carry guns in Colorado?
A fugitive recovery agent does not receive special police powers merely by working as a bounty hunter. A recovery agent may possess or carry a firearm only to the extent permitted by the laws that otherwise apply to that person.
Do bounty hunters have badges or police authority?
Bounty hunters are not police officers merely because they perform fugitive recovery work. They work privately for bail bond companies and do not have the same general law-enforcement authority as police officers, sheriffs, or other peace officers.
Do you need a license to be a bounty hunter in Colorado?
Colorado does not have a separate state bounty-hunter license for fugitive recovery agents. This is different from bail bonding agents, who are regulated through Colorado’s insurance laws.
Bail bonding agents are subject to licensing and training requirements, including training concerning bail recovery practices.
What should I do if I missed court while out on bond?
Contact your criminal defense attorney as soon as possible. Ignoring the situation can make matters worse. Depending on why you missed court and the circumstances of your case, an attorney may be able to ask the court to address the warrant and determine what steps you should take next.
You should not assume that avoiding your bail bondsman or a fugitive recovery agent will make the warrant or underlying criminal case go away.
Additional Reading
For more information, see our related articles on:
- Violating bail conditions in Colorado – What happens if you defy the judge’s orders while out on bond.
- Bond revocation in Colorado – When the judge can revoke your bail in your criminal case.
- Failure to appear in court – What happens if you miss a court appearance.
- OR release in Colorado – How to get out of jail without a bail bond – Explanation of how you may be able to remain out of custody during your case without paying bail.
- What is a PR bond in Colorado? – Discussion of being let out of jail following your arrest without having to post bail.
Legal References
- See C.R.S. 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. See also, for example, Colo. Div. of Ins. v. Statewide Bonding, Inc. (Colo. 2022) 518 P.3d 309 (“The collateral, which can be real or personal property, is provided to the agent posting the bond and can be executed upon by the insurance company if the [defendant] does not appear.”)
- 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.
- Bail Bonds, Colorado Division of Insurance. C.R.S. 10-2-404, 405, and 406.