Bail Bonding What Not to Do

Bail Bonding What Not to DoBail Bond companies put their money on the line for defendants when friends and family cannot afford to post the full amount of a defendant’s bond.

Therefore Bail Bond companies expect a certain level of respect as they took a chance on a defendant.

Things not to do when out on bond are:

-Give misinformation on your Indemnitor/Cosigner and Defendant application.

-Move or change your phone number without notifying your Bail Agent.

-Leave the State of North Carolina without permission.

-Be late for court.

-MISS COURT….THIS IS THE BIGGEST THING NOT TO DO!

If a defendant misses court for any reason the Bail Bond Agent will first try to rectify the situation through communication. If communication fails then the Defendant will be arrested. Not only is the Bail Bond Agent notified of the Defendant’s failure to appear in court, the Judge will issue a bench warrant for their arrest as well.

The CoSigner will be held responsible for the total amount of the bond shall Defendant miss court and our Bail Agents cannot locate the Defendant within 150 days from the day the Clerk of Court notifies us of the Forfeiture.

THERE ARE SOME OTHER THINGS YOU MAY NEED TO KNOW!

There are 7 reasons Bail Agents can lock a defendant up without giving any of the monies paid and they are listed under North Carolina General Statue 58-71-20

  • 58‑71‑20. Surrender of defendant by surety; when premium need not be returned.

At any time before there has been a breach of the undertaking in any type of bail or fine and cash bond the surety may surrender the defendant to the sheriff of the county in which the defendant is bonded to appear or to the sheriff where the defendant was bonded; in such case the full premium shall be returned within 72 hours after the surrender. The defendant may be surrendered without the return of premium for the bond if the defendant does any of the following:

(1) Willfully fails to pay the premium to the surety or willfully fails to make a premium payment under the agreement specified in G.S. 58‑71‑167.

(2) Changes his or her address without notifying the surety before the address change.

(3) Physically hides from the surety.

(4) Leaves the State without the permission of the surety.

(5) Violates any order of the court.

(6) Fails to disclose information or provides false information regarding any failure to appear in court, any previous felony convictions within the past 10 years, or any charges pending in any State or federal court.

(7) Knowingly provides the surety with incorrect personal identification, or uses a false name or alias. (1963, c. 1225, s. 5; 1975, c. 619, s. 1; 1998‑211, s. 30; 2001‑269, s. 2.3; 2007‑399, s. 1.)

DNA Bail Bonds, LLC also wants you to know that once you cosign on a bond you are one the bond until the final disposition of the case. We do not get into personal issues. Personal issues between a Cosigner and Defendant is not one of the reasons we can lock a Defendant up and not give back the money. We will follow the North Carolina General Statue 58-71-20.

FYI….

Taylor vs Taintor is the decision of the United States Supreme Court that authorizes Bail Agents to commence with their duties:

"When bail is given the principal is regarded as delivered to the custody of his sureties (Bail Bondsman).  Their Dominion is a continuance of the original imprisonment.  Whenever they choose to do so, they may seize and deliver him up in their discharge, and if that cannot be done at once they may imprison him until it can be done.  They may exercise their rights in person or by agent (Bounty Hunter).  They may pursue him into another state, may arrest him on the sabbath; and if necessary, may break and enter his house for that purpose.  The seizure is not made by virtue of new process.  None is needed. It is likened to the rearrest by the Sheriff of an escaping prisoner."

Our suggestion when out on bond is to abide by the rules and laws so you don’t end up back in jail!

Our motto is, “IF YOU RUN, YOU’LL ONLY GO TO JAIL TIRED!”