NC Bailbond State Exam with complete solutions

Before a surety bondsman can write a bond, he must: - Answer- -be listed on on the Electronic Bondsman Registry A bondman who doesn't pay premium he owes to an insurer is guilty of: - Answer- -misappropriation A professional bail bondsmen who willfully falsifies a monthly report is guilty of: - Answer- -Class I Felony In a bail bond office, an unlicensed person can be hired to: - Answer- -perform normal office duties 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: - Answer- -Class 1 Misdemeanor 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 a: - Answer- -Class 1 Misdemeanor Under NCGS 58.71, what is a Class I felony? - Answer- -Failing to return collateral that has a value of over $1500. -A professional bondsman willfully falsifying a monthly report. Your defendant missed his court date. In order to get off the bond, you must: - Answer- -Surrender the defendant and file a motion to strike the forfeiture. As a licensed bail agent in NC, you may: - Answer- -Enter the residence of record at any time, even if the occupants refuse to let you in. -Surrender your defendant to the sheriff. Bondsman are authorized to check ACIS to: - Answer- -Check criminal case dispositions When a defendant's case is over, if a bondsman doesn't return collateral worth over $1,500, he is guilty of: - Answer- -Class I felony A North Carolina bail bondsman may accept a premium of: - Answer- -0 through 15% Who is legally responsible to the state for a bond? - Answer- -a surety company, an accommodation bondsman, and a professional bondsman Who can be monetarily compensated for posting a bond? - Answer- -a license bail bondsman Per statue, a bail bondsman in NC must: - Answer- -guarantee the appearance of the defendant at all of his scheduled court cases or pay the bond forfeiture If the defendant misses a premium payment, the bondsman may: - Answer- -Put the defendant in jail for non-payment and keep all of the premium paid. In addition to the bond premium, on bonds less than $5,000, a bail bondsman may accept: - Answer- -collateral A bail bond is effective and binding until: - Answer- -the final disposition of the case A bondsman guarantees that they will: - Answer- -pay the bond forfeiture if defendant does not appear in court A bail bond is exonerated if the defendant: - Answer- -is found guilty in district court and no appeal is made -is surrendered prior to the breach When a bail bond is exonerated, the bail bondsman: - Answer- -need not return any portion of the original premium Identifying information on each bond includes the name of: - Answer- -The defendant -The surety on the bond -The bondsman Where is the affidavit located? - Answer- -On the back of the appearance bond An access violation of ACIS by a bondsman is a: - Answer- -Class H Felony Who is legally allowed to use a bondman's password to access ACIS? - Answer- -the bondman only Who can file a motion to set aside a forfeiture? - Answer- -Defendant -Bondman, on behalf of surety Even if significant information is missing, a bond is still binding if these 3 things are correct: - Answer- -The magistrate or other indv. accepting the bond were legally authorized to do so -Location of the defendant's court appearance -Bond amount How does a bondsman have to be licensed before he can supervise a first year licensee? - Answer- -2 years The AOC form that states the bond amount is the: - Answer- -appearance bond If a bail bondsman doesn't charge his defendant a premium, the bondsman must: - Answer- -fill out the affidavit on the appearance bond If a defendant agrees to pay a portion of the premium on a certain date, then the bondsman must list the amount of the promised premium and the payment date on the: - Answer- -Memorandum of Agreement and the affidavit on the Appearance Bond Details about the collateral must be listed on the: - Answer- -collateral receipt and the affidavit on the Appearance Bond How many days between a forfeiture notice and final judgement? - Answer- -150 days How many days does the school board attorney have to object to a bondsman's motion to set aside a forfeiture? - Answer- -20 days A bond forfeiture may be set aside for all of the following reasons: - Answer- -Death of the defendant -FTA set aside and OFA recalled -The defendant was surrendered in a county other than the one he was bonded from Bondsmen are allowed to charge a: - Answer- -premium How many days does a bondsman have to notify the DOI that he has moved his business or residence? - Answer- -10 business days A bondsman must give the person who gives him collateral: - Answer- -a written receipt describing the collateral What are the requirements on a bond premium receipt: - Answer- -the total bond amount -the amount of premium received -the defendant's name A bondsman may be paid over 15% of the bond if: - Answer- -the bond amount if reduced after the original bond is written All contracts and forms used by an NC bondsman must be: - Answer- -approved by the DOI prior to use Who is the NC DOI commissioner? - Answer- -Mike Causey All contracts and forms used by an NC bondsman must include: - Answer- -form number -bondsman's license number -NCDOI approval A bondsman must notify the NCDOI of his bankruptcy within how many days? - Answer- -3 business days If a bondsman fails to notify NCDOI of bankruptcy within the statutorily defined time, his license may be suspended for a maximum of: - Answer- -3 years A defendant's bond can be revoked if they: - Answer- -do not fulfill an obligation of the court A bondsman may: - Answer- -surrender a defendant after a breach of the undertaking As long as he has copy of the bail bond, a bondsman may surrender a defendant to the sheriff: - Answer- -any time A surety may surrender a defendant with: - Answer- -the appearance bond A bondsman may surrender a defendant pre-breach: - Answer- -at the county from which the defendant was originally bonded or where his case will be tried A bondman may surrender a defendant post-breach: - Answer- -in the county where the defendant was originally bonded, is to be tried, or is incarcerated A bondsman's _______________ responsibility relates to money or funds they are entrusted to that bondsman's care: - Answer- -fiduciary What is the minimum bond premium that a bondsman may charge? - Answer- -no minimum What is the maximum bond a bondsman may charge? - Answer- -15% What type of bondsman must file a monthly report with the DOI? - Answer- -professional bondsman A bondsman must maintain records of his bail bond transactions after final entry for: - Answer- -36 months A monthly bail bond report must list all the bonds: - Answer- -the professional bondsman is still libel for If a bail bondsman makes payment arrangements for the balance of the premium, the details are spelled out in a: - Answer- -Memorandum of Agreement A bondman may sell collateral in order to pay: - Answer- -a forfeiture If the bondman's liability is reduced, he must: - Answer- -reduce the collateral to the new liability amount A bondsman must deposit cash collateral in a trust account within how many days? - Answer- -2 banking days Collateral must be returned within ______ after the bond is terminated, if the defendant is returned to jail by a bondsman prior to the disposition of the bond. - Answer- -72 hours After final termination of bond liability, a bondsman must return collateral within: - Answer- -15 days If a bondsman knowingly and willfully fails to return collateral with a value that exceeds _______, that bondsman is guilty of a Class I Felony. - Answer- -$1500 A surety bondsman: - Answer- -is NOT a surety Indemnity agreements must: - Answer- -be listed the appearance bond affidavit A professional bondman's largest single bond cannot be large than: - Answer- -1/4 of their security deposit What type of bondsman is legally obligated to the state to pay a forfeiture? - Answer- -professional bondsman If a bond forfeits, who has the greatest monetary incentive to return the defendant to jail? - Answer- -the surety A bondsman must make his business records available to the Commissioner of Insurance: - Answer- -at any time, as often as deemed appropriate by the Commissioner What is the minimum period of time that the DOI can revoke a license? - Answer- -no minimum What is the maximum period of time that the DOI can revoke a license? - Answer- -no maximum Who all must be notified if a defendant fails to appear in court: - Answer- -surety insurance company -bondsman who wrote bond -defendant The date printed at the bottom of the bond forf