Protect your Privacy against Bail Bondsmen

In dealing with bail bondsmen, and especially when you are involved in a criminal proceeding, it might seem that your right of privacy is non-existent. After all, courts can pretty much inquire into whatever matter they deem may be relevant to the pending case. But bail bondsmen stand on a different footing altogether than agents of the courts.

Bail bondsmen are either private individuals or they belong to private agencies or companies. This means that any agreement or contract you may have with them is purely voluntary on your part. That means that you do not have to agree to a surety bail bonds agreement with them if you do not have to.

By the same token, the right of a bail bondsman to inquire into your private affairs is also limited to whatever you may choose to disclose to them. While any information relevant to the court proceeding is a matter of public record, the bail bondsman only has access to this by virtue of its being a matter of public record. This means that they cannot require you to divulge any other information that is not relevant to the proceedings, or that which you do not wish to disclose.

So, if, for instance, you have already put up a collateral of some real estate for your bail bond, your bail bondsman cannot ask you any further about any other properties you may own, or any other properties you might be willing to put up as collateral. As long as the basic agreement of sufficient collateral is met, a bail bondsman is limited in his inquiries by your right to privacy, or the right to be protected against any further unreasonable intrusion upon your seclusion.

Also remember that this right to be protected against unreasonable intrusion upon your seclusion from your bail bondsman also includes the right to be protected from any similar intrusions from other private individuals, and this includes reporters, journalists, and other members of the media.  Again, while information related to or relevant to any pending criminal cases you may be involved in are a matter of public record, you still retain a measure of privacy over all other information and personal data that is not relevant to the case at hand. If it is not relevant to the case at hand, it cannot be inquired into by the courts, which means that you still retain the right to privacy over these areas of your life, including the right to exclude others, and the right to a reasonable expectation of privacy.

Further and deliberate inquiries into these private matters, whether by media, by your bail bondsman, or by any other private individual, constitutes a tort for which you can seek legal redress against the trespassers. This includes any form of trespass, whether physical or electronic. As long as you have a reasonable expectation of privacy, and another intrudes into your private matters without your consent, the law affords you recourse against the trespasser under tort law, even though you may be currently a defendant in an ongoing criminal proceeding.