Bail Bonds Law in North Carolina: Roles, Procedures, and Regulations, Exams of Nursing

Download Bail Bonds Law in North Carolina: Roles, Procedures, and Regulations and more Exams Nursing in PDF only on Docsity! Bail bondsman Exam Questions and Answers (Verified Solutions) (Latest 2024) Security required (monetary amount) for the release of a person from jail - correct answers ✅Bail Obligation for the amount of bail by the person who signs the bond - correct answers ✅Bond Not a licensed bail bondsman but uses value or property to get someone out of jail. THis person can not take money - correct answers ✅Accommodation bondsman Undertaking by the principal to appear in court as required upon penalty of forfeiting bail to the state in a stated amount - correct answers ✅Bail bond Unsecured bond Premium secured Cash deposit-full amount of the bond` Mortgage Least one solvent surety- 2 or more persons can combine incomes - correct answers ✅What are the ways a person can promise to be in court Any domestic, foreign, or alien surety company which has qualified generally to transact bail bond business in this state - correct answers ✅Insurer Bail bondsman Exam Questions and Answers (Verified Solutions) (Latest 2024) Principal or surety on a bail bond - correct answers ✅Obliged Defendant or witness obligated to appear in court - correct answers ✅Principal Who lives in the state for 6 consecutive months - correct answers ✅Resident A person employed by a professional bondsman for the purpose of assisting the bail bondsman in presenting the defendant in court or executing bonds on behalf of the licensed bondsman when the power of attorney has been recorded. - correct answers ✅Runner One who with the principal is liable for the amount of the bail bond upon forfeiture of the bail. - correct answers ✅Surety Something else the bondsman holds besides the 15% premium - correct answers ✅Collateral Bail bondsman Exam Questions and Answers (Verified Solutions) (Latest 2024) 5) def. died 6)Def. is incarcerated in NC or U.S. - correct answers ✅What are the reasons to have a forfeiture set aside School board attorney, D.A., Clerk of court - correct answers ✅Where do the three copies of the bond forfeiture notice get copied to Motion and Certificate of service - correct answers ✅What is needed to file a forfeiture of bond 1 - correct answers ✅How many motions is allowed within the 150 days Written motion - correct answers ✅Anytime before the expiration of 150 days, the defendant, surety, professional bondsman, runner for a professional bondsman, or surety bondsman for an insurance company may make a ______ ______ that the forfeiture to be set aside If the DA, school board attorney objects to the motion, there will be a hearing within 30 days afterthought objection is filed where the defendant Bail bondsman Exam Questions and Answers (Verified Solutions) (Latest 2024) was bonded to appear. - correct answers ✅What happens after you file a motion for a forfeiture to be set aside Who has already failed to appear twice in the case for which he was charged and the bondsman had actual notice of the defendants prior failures to appear - correct answers ✅The court will not set aside a forfeiture if a bondsman signs a bond for a defendant Defendants condition of release and release order. ACTUAL NOTICE of 2 failures to appear shall be indicated on the defendants release order by a judicial official. - correct answers ✅How does the bondsman get actual notice of a defendants FTA Anytime before the expiration of 3 years any surety, professional bondsman, runner for a professional bondsman, or surety bondsman acting behalf of an insurance company make a written motion for relief - correct answers ✅If you pay a bond do you ever get your money back? 1 - correct answers ✅How many motions are allowed within 3 years to remit the bond Bail bondsman Exam Questions and Answers (Verified Solutions) (Latest 2024) The surety was not notified of the defendants failure to appear in court by the 30th day after the defendants failure to appear. Other extraordinary circumstances exist that the court, in its discretion, determines should entitle that person to relief. - correct answers ✅What are the only 2 reasons to get your money back on a bond The sheriff of the county where the defendant is bonded to appear or to the sheriff of the county where the defendant was bonded from. The full premium shall be returned within 72 hours after the surrender - correct answers ✅Anytime before a FTA, the defendant may be surrendered to 1)fails to pay the premium payment according to the agreement. 2) changes his address without notifying surety 3) physically hides from the surety 4)leaves the state without permission of the surety 5) violates the order of the court Bail bondsman Exam Questions and Answers (Verified Solutions) (Latest 2024) Wayne Goodwin - correct answers ✅What official is elected head of the NC department of insurance Sheriff Deputy sheriff Law enforcement officer Attorney Parole officer Probation officer Jailer Assistant jailer Employee of the general courts of justice Other public employee assigned to criminal justice Nor the spouse of such person - correct answers ✅What persons are prohibited from becoming licensed bail bondsman or runners Shall not act as an agent for any bail bond company or bail bondsman Bail bondsman Exam Questions and Answers (Verified Solutions) (Latest 2024) Shall not have any financial directly or indirectly in any bail bond business - correct answers ✅What are the two restrictions for persons prohibited from becoming bail bondsman or runners 21 years or older High school diploma or GED Be a resident of NC Have knowledge, training, or experience of sufficient duration and extent to provide the compentence necessary to fulfill the responsibilities of a licensee Have no outstanding bail bonds obligations Have on current or prior violations of chapter 58 article 71 or chapter 15 A article 26 Not in any manner disqualified under the laws of this state. Hold a valid or current NC drivers license. - correct answers ✅What are the general requirements for being a bail bondsman Paystub Utility bill Bail bondsman Exam Questions and Answers (Verified Solutions) (Latest 2024) Written lease Receipt for person paying taxes Receipt for real property tax Monthly or quarterly statement from financial institution. - correct answers ✅What proof of residency documentation is required showing resedental address At least 2 - correct answers ✅How many documents must an applicant provide to show proof of residency Conviction of a felony Conviction of a misdemeanor or drug offense - correct answers ✅For what offense shall the commissioner deny an application or revoke a license 1 year - correct answers ✅If application is denied or exam is failed, how long must you wait or retest Bail is the security required for the release of the defendant. Bail bondsman Exam Questions and Answers (Verified Solutions) (Latest 2024) The North Carolina Commissioner of Insurance - correct answers ✅What is the definition of Commissioner? Wayne goodman - correct answers ✅Who is the Commissioner of Insurance? Any person licensed as a bondsman or runner for a period of less than 12 months - correct answers ✅What is the definition of a first year licensee? Any domestic, foreign, or alien surety company qualified generally to transact surety business and specifically to transact bail bond business in this State - correct answers ✅What is the definition of insurer? A principal or surety on a bond - correct answers ✅What is the definition of an obligor? A defendant or witness obligated to appear in court upon penalty of forfeiting bail under a bail bond - correct answers ✅What is the definition of a principal? Bail bondsman Exam Questions and Answers (Verified Solutions) (Latest 2024) Any person licensed by the Commissioner and who Pledges cash or other securities with the Commissioner as security for bail bonds and Receives or is promised money or other things of value for writing bail bonds - correct answers ✅What is the definition of a professional bondsman? A person who lives in this State for Six consecutive months immediately before Applying for a bail bond license - correct answers ✅What is the definition of a resident? A person employed by a professional bail bondsman for the purpose of: Assisting the bail bondsman in presenting the defendant in court when required, or to Assist in the apprehension and surrender of the defendant to the court, or Keeping the defendant under necessary surveillance, or to Execute bail bonds on behalf of the licensed professional bondsman - correct answers ✅What is the definition of a runner? Bail bondsman Exam Questions and Answers (Verified Solutions) (Latest 2024) power of attorney - correct answers ✅What is need for the Runner to assist the Professional Bondsman? A professional bondsman or surety bondsman Who employs or contracts with a new licensee - correct answers ✅What is the definition of a supervising bondsman? One who with the principal is Liable for the amount of the bail bond upon forfeiture - correct answers ✅What is the definition of a surety? A person licensed as a surety bondsman and Is appointed by an insurer by a power of attorney to execute bail bonds and Receives or is promised consideration for doing so - correct answers ✅What is the definition of a surety bondsman? Accommodation bondsman is not licensed Accommodation bondsman cannot charge fee or receive consideration for posting a bond - correct answers ✅What are two main differences between an accommodation bondsman and other bondsmen? Bail bondsman Exam Questions and Answers (Verified Solutions) (Latest 2024) 4) Name of the insurer (insurance company) 5) Name, license number and power of appointment number of the surety bondsman - correct answers ✅What is the required "identifying information" on a bond? Before what magistrate or at what court the principal was bound to appear The official before whom bail was entered was legally authorized to take it The amount of bail is stated - correct answers ✅What three things shown on a bail bond make it binding? Fill out the affidavit on the back of the appearance bond Attach professional bondsman‟s certification seal or surety bondsman‟s qualifying power - correct answers ✅After filling out the front of the bond, what must a bondsman do to complete the bond? premium/collateral - correct answers ✅What does the bond affidavit provides information on? Professional bondsmen Bail bondsman Exam Questions and Answers (Verified Solutions) (Latest 2024) Surety bondsmen Runners - correct answers ✅Who is required to fill out the bond affidavit? The fee you charge for posting a bond - correct answers ✅What is the bail bond premium? yes he can do it for free - correct answers ✅Can a bondsman sign a bond for less than 15%? The value of the item must be reasonable in relation to the premium charged for the bond - correct answers ✅If something other than money is taken as premium, what „s the requirement for the value? The affidavit on the back of the appearance bond - correct answers ✅If a premium is received or promised, where is the amount of the premium to be listed? receipt - correct answers ✅What must be given for any premium received? Bail bondsman Exam Questions and Answers (Verified Solutions) (Latest 2024) 1)Pre-numbered by a printer, 2) Used and filed in consecutive numerical order 3) Show name and address of the bail bondsman 4) Show the amount and date paid 5) Show the name of the person accepting the payment 6) Show the total amount of the bond for which the fee is being charged 7) Show the defendant‟s name - correct answers ✅A receipt must be given for any premium received, what are the 7 requirements for a receipt? memorandum of agreement - correct answers ✅If a bond is written on credit or partial credit, what form must be filled out? 1) Show the amount of premium not paid 2) Show the method and schedule of payments 3) The dates and amounts to be paid 4) Provide a copy of the agreement to the principal upon request 5) Agreement to be signed and dated by the bondsman or runner and the principal 6)Modifications to be in writing, signed, dated, kept on file with Bail bondsman Exam Questions and Answers (Verified Solutions) (Latest 2024) 6) The collateral must be deposited in the trust account within 2 banking days after receipt - correct answers ✅What are requirements for cash, check, or other negotiable instruments as collateral? With the approval of the Commissioner and When bail bondsmen are working out of the same business office or location - correct answers ✅When may bondsmen share a trust account? It must be maintained and returned in the condition in which it was received - correct answers ✅What is the requirement for holding collateral such as personal or real property? 1) Collateral must be reduced to the value of the reduced liability and any excess returned 2) Execute written amendment to bond affidavit with details of the modification of collateral 3) Furnish the principal and indemnitor a copy of amendment 4) Keep copy of amendment on file in office of the bondsman - correct answers ✅What must a bondsman do with collateral if bail is reduced after the bond was posted? Bail bondsman Exam Questions and Answers (Verified Solutions) (Latest 2024) no - correct answers ✅If bail is reduced after the bond is posted, do you have to return any of the premium? 15 days after the final termination of the liability bond. - correct answers ✅When must collateral be returned? It must be returned in the same condition as received by the bondsman - correct answers ✅What is the requirement of returning collateral other than cash? class 1 felony - correct answers ✅What will a bondsman be guilty of for failing to return collateral that exceeds $1,500? NO! NEVER!! - correct answers ✅Can a bondsman keep collateral for unpaid premiums or other expenses on a bond? pay the bond. give it back - correct answers ✅What are the only two things a bondsman can do with collateral? Bail bondsman Exam Questions and Answers (Verified Solutions) (Latest 2024) A form number License number of the bondsman - correct answers ✅What is required to be printed on agreements and contracts used by the bondsman? approval of DOI - correct answers ✅What must a bondsman have before using any agreement or contract ? never get too much information - correct answers ✅What is the first rule in filling out the defendant‟s information card? They go to support the free public schools of this State - correct answers ✅What happens to all fines and forfeitures paid in court cases? civil contract - correct answers ✅What kind of contract is a bail bond? a. Defendant b. Surety c. State - correct answers ✅Who are the parties of a bail bond contract? Bail bondsman Exam Questions and Answers (Verified Solutions) (Latest 2024) To show the date the "Motion to Set Aside Forfeiture" was served and filed - correct answers ✅What is the main purpose of the "Moving Party‟s Certificate of Service?" Make copies, front and back, of the "Bond Forfeiture Notice" which will include the "Motion to Set Aside Forfeiture" and the "Certificate of Service." Attach copies of any necessary documents to the copies of the "Bond Forfeiture Notice" - correct answers ✅What does the bondsman do after filling out the "Motion" and "Certificate of Service?" Serve on the: School Board Attorney (SBA) District Attorney (DA) Clerk of court - correct answers ✅What does the bondsman do with copies of the "Bond Forfeiture Notice" and other attached copies? a. Defendant b. Surety c. Runner Bail bondsman Exam Questions and Answers (Verified Solutions) (Latest 2024) d. SuretyBondsman - correct answers ✅Who is allowed to fill out and serve the Motion to Set Aside Forfeiture? 20 days - correct answers ✅After Motion to Set Aside Forfeiture is served, how long does the DA or SBA have to object ? 20 days - correct answers ✅If there is no objection by the DA or SBA to the Motion to Set Aside Forfeiture, how long after the motion has been served will the forfeiture be set aside? 1) Objection and Notice of Hearing 2) Certificate of Service of Objection and Notice of Hearing - correct answers ✅What does the DA or SBA fill out to object to Motion to Set Aside Forfeiture? Serve the "Objection" and "Certificate of Service" on the moving party - correct answers ✅What must the DA and SBA do after filling out the "Objection" and "Certificate of Service"? Bail bondsman Exam Questions and Answers (Verified Solutions) (Latest 2024) Not more than 30 days after the objection is filed - correct answers ✅When will a hearing be scheduled in court if the DA or SBA objects to the Motion to Set Aside Forfeiture? In the county where the defendant was bonded to appear - correct answers ✅Where will the hearing be scheduled in court if the DA or SBA objects to the Motion to Set Aside Forfeiture? one - correct answers ✅How many "motions to set aside forfeiture" are allowed between the "date notice given" and the "final judgment date"? Three years after the judgment of the forfeiture became final - correct answers ✅How much time does a bondsman have to petition the court to remit the bond payment? Notice was not given within 30 days after the date the defendant failed to appear Other extraordinary circumstances exist for which the court would allow relief - correct answers ✅What are the two reasons a bondsman might get relief after final judgment? Bail bondsman Exam Questions and Answers (Verified Solutions) (Latest 2024) 1) Fails to pay the premium or premium payment 2) Changes address without notifying surety of change 3) Physically hide from surety 4) Leaves the State without permission of surety 5) Violates any order of the court 6) Fails to disclose or provides false information regarding court matters 7) Provides incorrect or false personal identification information - correct answers ✅What are 7 reasons a defendant can be surrendered without return of the bond premium? 1) To the sheriff of the county where the defendant was bonded to appear 2) To the sheriff of the county where the defendant was bonded 3) To the sheriff of any county where the defendant is incarcerated - correct answers ✅After a breach (forfeiture) of a bond, where can the bondsman surrender the principal? Provide the sheriff (jail) with a copy of the bond / forfeiture / conditions of release Bail bondsman Exam Questions and Answers (Verified Solutions) (Latest 2024) Receive a signed copy of the surrender from the sheriff (jail) - correct answers ✅What is the procedure for surrender of the principal by the bondsman? knock and announce - correct answers ✅If a bondsman goes to a residence on a bail bond matter, what two initial actions are required? NO - correct answers ✅Does a bail bond license entitle a bondsman or runner to carry a concealed firearm? anytime - correct answers ✅When can the Commissioner visit and examine a licensee‟s bail bond records? Free access to all bail bond records - correct answers ✅What is provided to the Commissioner or person making the examination of the licensee? A bail bond license is issued only to a individual natural person - correct answers ✅Why are insurance companies or agencies not allow to have a bail bond license? Bail bondsman Exam Questions and Answers (Verified Solutions) (Latest 2024) for only normal office roles - correct answers ✅Under what circumstances can a bondsman hire an unlicensed person? 12 - correct answers ✅How many months of supervision must a first year licensee complete? 6 - correct answers ✅How many months of uninterrupted supervision must a first year licensee complete? 1 - correct answers ✅How many supervising bondsmen can a first year licensee work for? The first year licensee‟s supervising bondsman - correct answers ✅Who notifies the DOI when the 1st year licensee completes the 12 month supervision? 2 years - correct answers ✅How long must a new licensee be licensed before becoming a supervising bondsman? Bail bondsman Exam Questions and Answers (Verified Solutions) (Latest 2024) start over - correct answers ✅What must a bondsman do if he fails to take the last C.E. class before license renewal? license shall lapse - correct answers ✅What happens to a bondsman‟s license if he fails to take continuing education ? In the statewide Electronic Bondsmen Registry - correct answers ✅Where are bail bond licenses, powers of appointment, and powers of attorney registered? all counties in NC - correct answers ✅When registered in the Registry, where can the licensee write bonds? 1 - correct answers ✅How many professional bondsmen can a runner work for at one time? Professional bondsman Runner Surety bondsman - correct answers ✅Who can hold duel licenses? Bail bondsman Exam Questions and Answers (Verified Solutions) (Latest 2024) Within 30 days after service of notice from the Commissioner - correct answers ✅If the Commissioner denies application or license, how long does the applicant or licensee have to write demanding a review? Within 30 days after service of notice from the Commissioner as to the review - correct answers ✅If an applicant disagrees with the review of the Commissioner, how long does he or she have to write demanding a hearing? 10 working days - correct answers ✅How soon must a licensee notify the Commissioner after a change of address? admin fee of $50 - correct answers ✅What will happen if a licensee fails to notify the Commissioner of a change of address? 4 days after mailing - correct answers ✅If DOI mails a letter to the licensee‟s address of record, when is the mailing considered complete? Bail bondsman Exam Questions and Answers (Verified Solutions) (Latest 2024) Any crime or offense other than a motor vehicle infraction - correct answers ✅What offenses for which a licensee is convicted shall be reported to the Commissioner? 10 days after conviction - correct answers ✅How soon must a licensee notify the Commissioner of a conviction of a crime or offense? 30 days - correct answers ✅If a bondsman discontinues writing bail bonds, when must the license be returned? 1) Pay fee, rebate or give anything of value to an attorney except in the defense on a bond 2) Participate in the capacity of an attorney of one on whose bond he is surety 3) Suggest or advise the name of an attorney to the principal 4) Require that the principal use a specified attorney - correct answers ✅What four things is a bondman prohibited from doing in regards to an attorney? Courts Premises of the courts Bail bondsman Exam Questions and Answers (Verified Solutions) (Latest 2024) 15,000 - correct answers ✅What is the minimum security deposit to be licensed as a professional bondsman? Eight times (8X) the amount of the security deposit - correct answers ✅What amount of outstanding (pending) bonds can be written on professional bondsman‟s security deposit? (1/4) one forth of the professional bondsman‟s security deposit - correct answers ✅What is the single largest bond a professional bondsman or his runner can write? (1/4) one forth of the professional bondsman‟s security deposit - correct answers ✅What is the most a professional bondsman or his runner can write on a single person? (1/4) rule and (8X) rule - correct answers ✅A professional bondsman‟s security deposit limits the bonds written by what two rules? Bail bondsman Exam Questions and Answers (Verified Solutions) (Latest 2024) master trust bank - correct answers ✅Where is the professional bondsman‟s security deposit held? stocks or bonds - correct answers ✅After the first $5,000, what other securities may the professional bondsman deposit to his security deposit? 80 percent of the fair market value of bonds 60 percent of the fair market value of stocks - correct answers ✅What value will the Commissioner allow for stocks or bonds deposited to the professional bondsman‟s securitydeposit? An irrevocable stock or bonds power - correct answers ✅What authorization must a professional bondsman provide to the Commissioner if stocks or bonds are used as security deposit? When the Commissioner is satisfied the security deposit is in excess of the amount required to be maintained - correct answers ✅When will the Commissioner refund part of the professional bondsman‟s security deposit? Bail bondsman Exam Questions and Answers (Verified Solutions) (Latest 2024) When the Commissioner is satisfied that the bondsman has satisfied, or satisfactory arrangements have been made to satisfy all the bondsman‟s bail bond obligations - correct answers ✅When will the Commissioner refund all of the professional bondsman‟s security deposit? power of attorney - correct answers ✅What authorization must a professional bondsman provide with his security deposit to the Commissioner? a note of deficiency - correct answers ✅What will the Commissioner send to the professional bondsman if his security deposit falls below the required level? Deposit the securities necessary to bring the security deposit up to the required level - correct answers ✅What must a professional bondsman do if he or she receives a notice of deficiency? Amount of the largest "power" in his or her possession Expiration date on the "power"