West Virginia Code 51-10A-4 – Prohibited conduct
A bail bond enforcer may not:
Terms Used In West Virginia Code 51-10A-4
- Arrest: Taking physical custody of a person by lawful authority.
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Bail bond enforcer: means a person who on behalf of a bail bondsman enters this state or is present in this state for the purposes of: (1) Assisting a bail bondsman in presenting the defendant in court when required. See West Virginia Code 51-10A-1
- bail bondsman: includes , but is not limited to, persons conducting a bonding business as defined in section one, article ten of this chapter. See West Virginia Code 51-10A-1
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
(a) Enter an occupied residential structure without the consent of the occupants who are present at the time of the entry;
(b) Conduct a bail recovery arrest or apprehension without written authorization from a bail bondsman;
(c) Wear, carry or display any uniform, badge, shield or other insignia or emblem that implies that the bail bond enforcer is an employee, officer or agent of this state, a political subdivision of this state or the federal government. A bail bond enforcer may display identification that indicates his or her status as a bail bond enforcer only; or
(d) Conduct a bail bond apprehension or arrest without exercising due care to protect the safety of persons other than the defendant and the property of persons other than the defendant.