NC Bail Academy Flashcards
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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?

    <p>The next payment date and amount due</p> Signup and view all the answers

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

    <p>The bond amount is reduced after the original bond was written</p> Signup and view all the answers

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

    <p>Department of Insurance prior to use</p> 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?

    <p>3 years</p> Signup and view all the answers

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

    <p>3 business days</p> Signup and view all the answers

    A defendant's bond may be revoked if he:

    <p>Does not fulfill an obligation to the court</p> Signup and view all the answers

    Of the following, which actions can a bondsman take?

    <p>Surrender a defendant after a breach of the undertaking</p> Signup and view all the answers

    Which document can NOT be used to surrender a defendant?

    <p>MOA with attached Indemnity Agreement</p> Signup and view all the answers

    A bondsman may surrender a defendant pre-breach:

    <p>At the county from which the defendant was originally bonded</p> Signup and view all the answers

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

    <p>15% of the bond amount</p> 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?

    <p>$20,000</p> Signup and view all the answers

    Who enforces maximum premium rates in North Carolina?

    <p>NCDOI</p> Signup and view all the answers

    A bondsman must do all of the following except:

    <p>Maintain a brick and mortar office</p> Signup and view all the answers

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

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

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

    <p>$25,000</p> Signup and view all the answers

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

    <p>Be listed on the Electronic Bondsmen Registry</p> Signup and view all the answers

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

    <p>Post bonds in any county in North Carolina.</p> Signup and view all the answers

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

    <p>Misappropriation</p> Signup and view all the answers

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

    <p>Class I felony</p> Signup and view all the answers

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

    <p>Collect a defendant's first payment</p> 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:

    <p>Class 1 misdemeanor</p> 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:

    <p>Class 1 misdemeanor</p> Signup and view all the answers

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

    <p>B &amp; C</p> Signup and view all the answers

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

    <p>Surrender the defendant and file a motion to strike the forfeiture.</p> Signup and view all the answers

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

    <p>C &amp; D</p> Signup and view all the answers

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

    <p>Check criminal case dispositions</p> Signup and view all the answers

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

    <p>Accept a boat valued at $7,000 and a guitar valued at $2,000 as collateral for a $10,000 bond.</p> 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:

    <p>A Class I felony</p> Signup and view all the answers

    A North Carolina bail bondsman may accept a premium of:

    <p>2%</p> Signup and view all the answers

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

    <p>B, C &amp; F</p> Signup and view all the answers

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

    <p>$100,000</p> Signup and view all the answers

    In North Carolina, a bail bondsman may:

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

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

    <p>B, C &amp; F</p> Signup and view all the answers

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

    <p>C or E only</p> Signup and view all the answers

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

    <p>A surety company, an accommodation bondsman and a professional bondsman</p> Signup and view all the answers

    Who can be monetarily compensated for posting a bond?

    <p>A licensed bail bondsman</p> Signup and view all the answers

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

    <p>Guarantee the defendant's appearance in court.</p> Signup and view all the answers

    Per statute, a bail bondsman in North Carolina must:

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

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

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

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

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

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

    <p>Collateral</p> Signup and view all the answers

    Bondsmen in NC may:

    <p>Do none of the above.</p> Signup and view all the answers

    A bail bond is effective and binding until:

    <p>Final disposition of the case.</p> Signup and view all the answers

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

    <p>Can keep all the premium.</p> Signup and view all the answers

    A bondsman guarantees that he will:

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

    A bondsman may do all of the following except:

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

    A bail bond is exonerated if the defendant:

    <p>B &amp; D</p> Signup and view all the answers

    When a bail bond is exonerated, the bail bondsman:

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

    Identifying information required on each bond includes the name of:

    <p>All of the above.</p> Signup and view all the answers

    Which is not considered identifying information on the bond?

    <p>The bonding company's name and NPN number.</p> Signup and view all the answers

    Where is the affidavit located?

    <p>On the back of the Appearance Bond.</p> Signup and view all the answers

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

    <p>Class H felony</p> Signup and view all the answers

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

    <p>The bondsman only</p> Signup and view all the answers

    Who can file a motion to set aside a forfeiture?

    <p>D &amp; E</p> 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:

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

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

    <p>2 years</p> Signup and view all the answers

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

    <p>Appearance bond.</p> Signup and view all the answers

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

    <p>Fill out the affidavit on the Appearance Bond.</p> 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:

    <p>The Memorandum of Agreement and the affidavit on the Appearance Bond.</p> Signup and view all the answers

    Details about the collateral must be listed on:

    <p>The collateral receipt and the affidavit on the Appearance Bond.</p> Signup and view all the answers

    How many days between a forfeiture notice and final judgment?

    <p>150 Days</p> 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?

    <p>20 days</p> Signup and view all the answers

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

    <p>The defendant moved to a non-extraditable state.</p> 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.
    • 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.
    • 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.
    • 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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    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.

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