AL Bail Bond flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Bail statute citation

Alabama's bail provisions are codified in Title 15, Chapter 13 of the Code of Alabama, which supplies the statutory framework for bail and for bail bondsmen.

Licensing authority

The Alabama Department of Insurance, through its bail bond regulatory division, licenses, examines, and disciplines bail bondsmen who write bonds in the state.

Unlicensed bonding

Executing a bail bond in Alabama without a valid license and, where required, a current insurer appointment is unlawful and is grounds for license discipline.

License qualifications

Applicants for an Alabama bail bondsman license must satisfy statutory requirements covering age, citizenship or residency, good moral character, education, and examination.

Continuing education requirement

Alabama bail bondsmen must complete continuing education and renew their licenses on the schedule set by the Department of Insurance to retain authority to bond.

Record inspection authority

The Department of Insurance may examine a bondsman's books and records, and refusal to produce required records is itself a violation subject to discipline.

Three parties to a bond

A bail bond involves the principal, who is the defendant; the surety, who is the bondsman or insurer; and the obligee, which is the state or court.

Bond forfeiture

When the defendant fails to appear as required, the court orders the bond forfeited and may enter judgment against the surety for the bond amount and costs.

Exoneration of surety

The surety is released from liability when the defendant performs, is surrendered into custody, or the court discharges the bond before a forfeiture is entered.

Indemnitor

An indemnitor is a third party, often a relative or friend, who promises to reimburse the surety for losses; the indemnitor is not a party to the bond.

Premium as consideration

The premium is the fee the defendant pays the bondsman for assuming risk, and it is generally earned once the bond is posted and accepted by the court.

Continuing bond liability

A bail bond remains in force through all stages of the case, including appeal where covered, unless the court discharges it or the surety surrenders the defendant.

Power of attorney to bond

A surety bondsman writes bonds only under a power of attorney from a licensed insurer, and that authority ends when the appointment is terminated or withdrawn.

Bond register

Each bondsman must keep a record for every bond showing the defendant, charge, bond amount, premium charged, collateral held, and the indemnitor's identity.

Collateral trust account

Cash and other collateral received from defendants or indemnitors must be kept separate from the bondsman's own funds and accounted for on demand.

Address change notification

Licensees must inform the Department of Insurance of a change of business or residence address, and undisclosed changes can jeopardize the license.

Records retention

Bond records must be kept for the period required by Alabama law and produced to the Department of Insurance, the court, or the insurer on request.

Initial appearance

At the initial appearance a magistrate informs the arrested person of the charges and rights and either sets bail or releases the person on stated conditions.

Release on own recognizance

Own-recognizance release lets the defendant go on a written promise to appear at future court dates, with no cash or surety required at that time.

Failure to appear

When a defendant misses a required court date, the court may issue a warrant, forfeit the bond posted, and impose additional sanctions on the defendant.

Conditions of release

A court may impose conditions such as periodic reporting, no new offenses, treatment participation, and travel restrictions on a defendant released on bond.

Bond amount factors

Judges weigh charge severity, risk of flight, danger to the community, ties to the area, and prior court appearances when setting the amount of bail.

Indemnity agreement

The indemnity agreement obligates the indemnitor to repay the surety for forfeitures, recovery costs, and expenses, and is secured by the collateral posted.

Collateral receipt

A bondsman must give the depositor a written receipt describing the collateral, its value, the bond it secures, and the conditions under which it is returned.

Return of collateral

Collateral is returned, minus any amounts still owed, when the bond is exonerated and the indemnitor has satisfied or been released from the indemnity agreement.

Bond capacity limit

An insurer sets a maximum outstanding bond liability for each agent, and writing bonds above that capacity exceeds the agent's granted authority.

Recording a property lien

When real estate secures an indemnity agreement, the bondsman should record the lien so its priority is protected against later creditors and purchasers.

Jail solicitation prohibited

A bondsman may not solicit business inside a jail or courthouse, and may not compensate jail employees or others for referring defendants.

Fee splitting

Sharing bond premiums or fees with unlicensed persons, attorneys, or referral sources is prohibited and can result in suspension or revocation of the license.

Unauthorized practice of law

A bondsman may explain bond terms but may not give legal advice, prepare legal documents, or select an attorney to represent the defendant.

Lawful surrender

To be relieved of liability a bondsman must surrender the defendant to the sheriff or court; force, threats, or abduction are prohibited methods of recovery.

Falsifying bond records

Entering false information on a bond, application, receipt, or indemnity agreement is fraud that supports license discipline and criminal prosecution.