NC Bail Academy Flashcards

Questions and Answers

What is the defendant's status if he moved to a non-extraditable state?

The defendant is not extraditable.

How many days does a bondsman have to notify the Department of Insurance that he has moved his business or residence?

15 days

10 days

10 business days (correct)

45 business days

Which of the following is a bondsman required to give to the person who provides collateral?

A digital picture showing the condition of collateral

Name of person who will be holding collateral and where it will be held

A written receipt describing the collateral (correct)

Signed and completed North Carolina Department of Insurance collateral receipt form (correct)

Which of the following is not required on a bond premium receipt?

The next payment date and amount due Signup and view all the answers

A bondsman may be paid over 15% of the bond if which condition is met?

The bond amount is reduced after the original bond was written Signup and view all the answers

All contracts and forms used by an NC bondsman must be approved by which entity?

Department of Insurance prior to use Signup and view all the answers

If a bondsman fails to notify the NCDOI of bankruptcy or state receivership, what is the maximum suspension for his license?

3 years Signup and view all the answers

A bondsman must notify NCDOI of his or her bankruptcy within how many days?

3 business days Signup and view all the answers

A defendant's bond may be revoked if he:

Does not fulfill an obligation to the court Signup and view all the answers

Of the following, which actions can a bondsman take?

Surrender a defendant after a breach of the undertaking Signup and view all the answers

Which document can NOT be used to surrender a defendant?

MOA with attached Indemnity Agreement Signup and view all the answers

A bondsman may surrender a defendant pre-breach:

At the county from which the defendant was originally bonded Signup and view all the answers

A bondsman who had additional expenses associated with a bond may charge up to:

15% of the bond amount Signup and view all the answers

Which of the following is the maximum cash collateral that may legally be accepted on a $20,000 bond?

$20,000 Signup and view all the answers

Who enforces maximum premium rates in North Carolina?

NCDOI Signup and view all the answers

A bondsman must do all of the following except:

Maintain a brick and mortar office Signup and view all the answers

A professional bondsman must keep a record of every bond he writes for:

Three years from the date of the file's final entry Signup and view all the answers

What is the maximum amount of cash collateral that can be accepted for a $25,000 bond?

$25,000 Signup and view all the answers

Before a surety bondsman can write a bond, he must:

Be listed on the Electronic Bondsmen Registry Signup and view all the answers

Which of the following is a bail bondsman legally allowed to do?

Post bonds in any county in North Carolina. Signup and view all the answers

A bondsman who doesn't pay the premium he owes to an insurer is guilty of:

Misappropriation Signup and view all the answers

A professional bail bondsman who willfully falsifies a monthly report is guilty of a:

Class I felony Signup and view all the answers

In a bail bond office, an unlicensed person can be hired to:

Collect a defendant's first payment Signup and view all the answers

With the exception of the felonies cited in NCGS 58-71, the maximum charge for a bondsman violating any other bail bond law is a:

Class 1 misdemeanor Signup and view all the answers

If a bondsman doesn't return collateral valued at $1,000 within 15 days after his defendant's case is over, he can be convicted of:

Class 1 misdemeanor Signup and view all the answers

Under NCGS 58-71, which is a Class I felony?

B & C Signup and view all the answers

Your defendant missed his court date. In order to get off the bond, you must:

Surrender the defendant and file a motion to strike the forfeiture. Signup and view all the answers

As a licensed bail agent in North Carolina, you may:

C & D Signup and view all the answers

Bondsmen are authorized to check ACIS (AOC Criminal Information System) to:

Check criminal case dispositions Signup and view all the answers

In North Carolina, a bail agent cannot legally do any of the following except:

Accept a boat valued at $7,000 and a guitar valued at $2,000 as collateral for a $10,000 bond. Signup and view all the answers

When his defendant's case is over, if a bondsman does not return collateral worth over $1,500, he is guilty of:

A Class I felony Signup and view all the answers

A North Carolina bail bondsman may accept a premium of:

2% Signup and view all the answers

An NC bail bondsman may legally do all of the following except:

B, C & F Signup and view all the answers

The maximum referral fee a bondsman is legally allowed to pay is:

$100,000 Signup and view all the answers

In North Carolina, a bail bondsman may:

Enter a third if he personally sees his defendant enter the residence. Signup and view all the answers

A bail bondsman may do all of the following, with the exception of:

B, C & F Signup and view all the answers

As collateral on a $20,000 bond, a bondsman may legally accept:

C or E only Signup and view all the answers

Which of the following people and/or entities are legally responsible to the state for a bond?

A surety company, an accommodation bondsman and a professional bondsman Signup and view all the answers

Who can be monetarily compensated for posting a bond?

A licensed bail bondsman Signup and view all the answers

It is unlawful in North Carolina for bail bondsmen to do all of the following except:

Guarantee the defendant's appearance in court. Signup and view all the answers

Per statute, a bail bondsman in North Carolina must:

Guarantee the appearance of the defendant at all of his scheduled court cases or pay the bond forfeiture. Signup and view all the answers

If the defendant misses a premium payment, the bondsman may:

Put the defendant in jail for non-payment and keep all the premium paid. Signup and view all the answers

A bondsman may keep the premium for every reason listed below except:

The co-signer asks that the defendant be returned to jail because the defendant is planning to flee the country. Signup and view all the answers

In addition to the bond premium, a bail bondsman may accept:

Collateral Signup and view all the answers

Bondsmen in NC may:

Do none of the above. Signup and view all the answers

A bail bond is effective and binding until:

Final disposition of the case. Signup and view all the answers

Upon a bail bond's discharge and disposition, a bondman:

Can keep all the premium. Signup and view all the answers

A bondsman guarantees that he will:

Pay the bond forfeiture if the defendant does not appear in court. Signup and view all the answers

A bondsman may do all of the following except:

Allow office staff to post a bond as long as it is signed by a licensed bondsman. Signup and view all the answers

A bail bond is exonerated if the defendant:

B & D Signup and view all the answers

When a bail bond is exonerated, the bail bondsman:

Does not have to return any portion of the original premium. Signup and view all the answers

Identifying information required on each bond includes the name of:

All of the above. Signup and view all the answers

Which is not considered identifying information on the bond?

The bonding company's name and NPN number. Signup and view all the answers

Where is the affidavit located?

On the back of the Appearance Bond. Signup and view all the answers

An access violation of ACIS (AOC's Criminal Information System) by a bondsman is a:

Class H felony Signup and view all the answers

Who is legally allowed to use a bondsman's password to access ACIS (AOC's Criminal Information System)?

The bondsman only Signup and view all the answers

Who can file a motion to set aside a forfeiture?

D & E Signup and view all the answers

Even if significant information is missing, a bond is still binding if these 3 things are correct on it:

The magistrate or other individual accepting the bond was legally authorized to do so, location of the defendant's court appearance and bond amount. Signup and view all the answers

How long does a bondsman have to be licensed before he can supervise a first-year licensee?

2 years Signup and view all the answers

The AOC form that has the bond amount printed on it is the:

Appearance bond. Signup and view all the answers

If a bail bondsman does not charge his defendant a premium, the bondsman must:

Fill out the affidavit on the Appearance Bond. Signup and view all the answers

If a defendant agrees to pay a portion of the premium on a certain date, then the bondsman must list the amount of promised premium and payment date on:

The Memorandum of Agreement and the affidavit on the Appearance Bond. Signup and view all the answers

Details about the collateral must be listed on:

The collateral receipt and the affidavit on the Appearance Bond. Signup and view all the answers

How many days between a forfeiture notice and final judgment?

150 Days Signup and view all the answers

How many days does the school board attorney have to object to a bondsman's motion to set aside a forfeiture?

20 days Signup and view all the answers

A bond forfeiture may be set aside for all of the following reasons except:

The defendant moved to a non-extraditable state. Signup and view all the answers

Study Notes

Surety Bondsman Requirements

A surety bondsman must be listed on the Electronic Bondsmen Registry before writing a bond.
To post bonds in any North Carolina county is legally allowed for bail bondsmen.

Legal Violations and Penalties

Misappropriation occurs when a bondsman fails to pay premiums owed to an insurer.
Willfully falsifying a monthly report results in a Class I Felony.
Violating bail bond laws can lead to maximum penalties classified as Class I Misdemeanor.
Not returning collateral valued at $1,000 within 15 days can also result in a Class 1 Misdemeanor.

Collateral and Premium Regulations

Bondsmen can accept collateral and charge specific fees, but charging 20% premium is illegal.
Accepting a boat and a guitar as collateral for a bond may come under scrutiny if they don't meet the required standards.
A Class I felony is applicable if collateral worth over $1,500 is not returned.
Premium charges must not exceed 2% unless specified with documentation from the defendant.

Duties and Responsibilities of Bondsmen

Bondsmen must surrender the defendant and file a motion to strike forfeiture if the defendant misses a court date.
A bail bondsman must guarantee a defendant's appearance in all scheduled court cases to avoid bond forfeiture.
Licensed bondsmen have the authority to check criminal case dispositions via ACIS, verifying defendants’ backgrounds.

Bail Bond Process and Documentation

An appearance bond contains all necessary identifying information, including the names of the defendant, surety, and bondsman.
Collateral details must be accurately documented in both the collateral receipt and the affidavit on the Appearance Bond.
A bondsman retains the premium if the defendant does not fulfill court obligations but must follow legal guidelines for bond disposals.

Legal and Administrative Compliance

Bondsmen must notify the Department of Insurance (DOI) within 10 business days regarding any changes to their business or residence.
All contracts and forms used in North Carolina must be approved by the Department of Insurance prior to use to ensure compliance.

Restrictions on Bondsmen

It is illegal for bail bondsmen to act as the defendant's attorney or enter a third party residence without permission, even if the defendant is present.
Bondsmen cannot charge extra fees at their discretion but may only impose legally allowed charges.

Miscellaneous Regulations

The magistrate's authorization is crucial; a bond remains binding despite significant missing information if the required elements are correct.
A bondsman has 150 days to finalize forfeiture proceedings before judgment.
Up to 15% of bond fees can be collected based on regulatory allowances and considerations.

Handling Premium and Compensation

Bondsmen are not entitled to rebates or other forms of compensation outside their prescribed service fees.
Bills or financial agreements regarding premium payments must be fully documented to avoid disputes.

Final Notes

Understanding the legal responsibilities and limitations of a bail bondsman is crucial for compliance and successful operation.
Accurate record-keeping, including client communications and collateral management, is essential for maintaining a reputable bail bond practice.### Bond Requirements and Notifications
All contracts/forms must include a form number, bondsman's license number, and NCDOl approval; supervising agent's license number is not required.
Bondsman must notify NCDOI of bankruptcy within 3 business days or may face suspension for up to 3 years.
A defendant's bond can be revoked for not fulfilling court obligations.

Powers and Limitations of Bondsmen

Bondsman may surrender a defendant after a breach of the undertaking.
A bondsman is not required to return the premium if the co-signer wants the defendant back in jail or if the defendant is arrested on a new charge.

Surety Types and Characteristics

Surety options include professional, runner, accommodation, and surety bondsman; runners and surety bondsman are not considered sureties.
A bondsman can surrender a defendant at any time as long as they have a copy of the bond.

Collateral and Premium Regulations

A bondsman can accept 100% of the total bond amount in collateral and 15% in premium.
Maximum premium for a bond is capped at 15%, dictated by NC General Statutes and enforced by NCDOI.
A bondsman may charge a maximum of $750 for expenses associated with a bond exceeding $5,000, excluding mileage.

Record Keeping and Reporting

Professional and surety bondsmen must maintain records for 3 years from the date of final file entry.
Monthly reports to NCDOI are required, listing bonds the professional bondsman is still liable for.
Bondsmen must provide a receipt upon receipt of collateral and include specific bond information.

Cash Collateral and Indemnity Agreements

Collateral must be deposited in a trust account within 2 banking days.
If premium payment arrangements are made, details are documented in a memorandum of agreement.
Bondsmen are prohibited from posting child support bonds and must return collateral within 15 days after bond liability ends.

Legal Consequences and Limits

Failure to return collateral valued above $1,500 may lead to criminal charges.
Bondsmen who charge illegally or collect excessive collateral may face repercussions under the North Carolina Administrative Code.
A surety bondsman must maintain a minimum security deposit of $15,000 and is subject to specific supervisory rules if newly licensed.

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Description

Test your knowledge of the regulations and responsibilities of bail bondsmen in North Carolina with these flashcards. Each card presents key concepts and definitions essential for understanding the bail bond process. Ideal for those preparing for the NC Bail Academy.