Bail Bonds Law in North Carolina: Regulations, Types, and Forfeiture Procedures, Exams of Law

Download Bail Bonds Law in North Carolina: Regulations, Types, and Forfeiture Procedures and more Exams Law in PDF only on Docsity! NC Bail Bonds Quiz-with 100% verified solutions-2023- 2024 What are the 3 areas of bail bond law? Chapter 15A, Article 26 Chapter 58, Article 71 NC Administrative Code What NC agency is in charge of regulating bail bondsmen and runners? NC Department of Insurance Who is the NC Commissioner of Insurance? Wayne Goodwin What persons are prohibited from becoming licensed as bail bondsmen or runners? 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 the administration of criminal justice. *NOR THE SPOUSE OF SUCH PERSON What is the purpose of a bail bond? To assure the appearance of the defendant in court What are the consequences of a bail bond? 1) Forfeiture of bail 2) Order for arrest What is the definition of a bail bond? An undertaking by the principal to appear in court upon penalty of forfeiting bail What are the types of bail bond? 1) Unsecured 2) Premium Secured 3) Cash Deposit 4) Mortgage What can a bail bond be used for other than the release of a person from jail? Release of a motor vehicle from impoundment What are the different types of bail bondsman? 1) Accommodation bondsman 2) Surety bondsman 3) Professional bondsman What is the definition of Commissioner? The NC Commissioner of Insurance What is the definition of an obligor? A principal or surety on a bond What is the definition of a surety? One who with the principal is liable for the amount of the bail bond upon forfeiture What are the 3 types of sureties? 1) Professional Bondsman 2) Accommodation Bondsman 3) Insurer (Insurance Company) When a person is arrested, what form shows the charge, time, and location to appear in court? Conditions of release What happens to all fines and forfeitures paid in court cases? They go support the free public schools of NC Who represents the county board of education? The school board attorney What is the time span between the date notice given and final judgement date? 150 days How many reasons does the statute allow to set aside forfeiture? 7 What are the 7 reasons to set aside forfeiture? 1) Failure to appear has been set aside by the court and any order for arrest has been recalled 2) All charges for which the defendant was bonded to appear have been disposed of 3) Defendant has been surrendered by the surety 4) Defendant has been served with an OFA 5) Defendant died before the final judgement date 6) The defendant was incarcerated in a unit of the Department of Corrections and serving a sentence at the time of the FTA 7) The defendant was incarcerated in a local, state, or federal detention center at the time of FTA What does the bondsman do with the copies of the Bond Forfeiture Notice? Serve the 1) School Board Attorney 2) District Attorney 3) Clerk of Court How long does the district attorney or school board attorney have to object to the motion? 20 days When will a hearing be scheduled in court if the district attorney or school board attorney objects to the motion to set aside forfeiture? Not more than 30 days after the objection is filed How many motions to set forfeiture aside are allowed between the date notice given and the final judgement date? One What length of time does a bondsman have to petition the court to remit payment of the bond? 3 years after the judgement forfeiture has became final What are the two reasons a bondsman might get relief from final judgement? 1) Notice was not given within 30 days after the date the defendant failed to appear 2) Other extraordinary circumstances exist for which the court would allow relief Why would a bondsman be required to pay a bond, even though one or more of the 7 reasons to set aside the forfeiture had been met within the allowed time? The defendant had already failed to appear twice in the same case before the bond was signed For what reasons would the court order monetary sanctions against a bondsman filing a forfeiture motion? Not signing the motion Not attaching required documents to the motion Filing fraudulent motions or documents What is the court order sanction for not signing the forfeiture? 25% of the face amount of the bond What is the court order sanction for not attaching the required documentation? 50% of the face amount of the bond What amount would the court order as sanction for filing a fraudulent motion or document? 100% of the face amount of the bond Before a breach (forfeiture) of a bond what two places can a bondsman surrender the defendant? To the sheriff of the county where the defendant was bonded to appear To the sheriff of the county where the defendant was bonded from How long does the bondsman have to return the full premium if the principal is surrendered? 72 hours What are the 7 reasons a defendant can be surrendered without ROP? Fails to pay premium or premium payment Changes address without notifying surety Physically hides from surety Leaves state without permission of surety Violates any order from the court Fails to disclose or provides false information regarding court matters Provides incorrect or false personal identification information After a breach (forfeiture) of a bond, where can the bondsman surrender the principal? To the sheriff of the county where the defendant was bonded to appear To the sheriff of the county where the defendant was bonded from To the sheriff of the county where the defendant was bonded What is the procedure for surrender of the principal by the bondsman? Provide the sheriff (jail) with a certified copy of the bond Receive a copy of the surrender from the sheriff (jail) If a bondsman goes into a residence on a bail bond matter what two initial actions are required? Knock and Announce