GA Bail Bond flashcards
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32 cards. Read the term and the definition here. The deck at the top of this page is optional.
- Bail bond definition
- A written contract in which a surety guarantees the defendant's appearance in court and agrees to pay the bond amount if the defendant fails to appear.
- Right to bail
- Under O.C.G.A. § 17-6-1, most defendants have a right to bail, but bail may be denied for certain serious offenses such as murder, treason, and rape.
- Sheriff's bond schedule
- A list of preset bond amounts for misdemeanors and some felonies, set by the county sheriff, that allows defendants to post bond without a judge's hearing.
- Forfeiture rule nisi
- A court order notifying the surety that the defendant failed to appear and that the bond will be forfeited unless the surety responds within 120 days.
- Bail recovery agent license
- A license issued by the Georgia Board of Private Detective and Security Agencies that authorizes a person to apprehend a defendant who has failed to appear.
- Prelicensing education requirement
- Before taking the bail bond agent exam, a candidate must complete a 40-hour prelicensing course approved by the Georgia Department of Insurance.
- Continuing education hours
- Licensed bail bond agents must complete 20 hours of continuing education every two years, including 3 hours of ethics and 2 hours of bail bond law.
- Surety appointment
- A formal filing by a surety company with the Georgia Department of Insurance that authorizes a bail bond agent to write bonds on its behalf.
- License renewal period
- A Georgia bail bond agent license must be renewed every two years; late renewal within 30 days incurs a penalty, and after 30 days the license lapses.
- Reciprocity licensure
- A process allowing a nonresident bail bond agent to obtain a Georgia license if their home state's requirements are substantially equivalent and proper documentation is submitted.
- Indemnity agreement
- A written contract in which the defendant or a third party promises to reimburse the surety for any losses incurred if the defendant fails to appear.
- Bond form approval
- Georgia requires bail bonds to be written on forms approved by the Commissioner of Insurance, containing the bond amount, offense, defendant's name, and surety's name.
- Premium rate cap
- Georgia limits bail bond premiums to 15% of the bond amount for bonds up to $10,000 and 10% for the portion above $10,000, as filed by the surety.
- Bond exoneration
- The termination of the surety's liability on a bail bond, which occurs upon the defendant's appearance, dismissal of charges, acquittal, death, or surrender.
- Bond filing location
- The bail bond must be filed with the clerk of the court where the defendant is charged; the sheriff or jailer may accept the bond before filing.
- Collateral receipt
- A written document provided by the bail bond agent that describes the collateral pledged, its value, and the terms under which it will be returned.
- Collateral trust account
- A separate bank account in which a bail bond agent must hold collateral and premium funds; commingling with personal or business funds is prohibited.
- Premium nonrefundable rule
- Bail bond premiums are earned upon execution of the bond and are nonrefundable, except as provided by the surety's filed rates or by court order.
- Fee disclosure requirement
- All fees for services must be disclosed in writing to the defendant or indemnitor before the bond is executed and may not exceed filed rates.
- Collateral return obligation
- When a bond is exonerated, the bail bond agent must return all collateral to the depositor, minus any lawful fees, within a reasonable time.
- Surety liability
- A surety company is liable for the full amount of the bond if the defendant fails to appear and the surety does not produce the defendant within the statutory period.
- Fiduciary duty
- A bail bond agent acts in a position of trust for the surety and the defendant/indemnitor and must act in good faith and in their best interest.
- Record retention period
- Bail bond agents must keep copies of all bonds and related documents for at least three years after the bond is exonerated or forfeited.
- Errors and omissions insurance
- Optional liability insurance that covers bail bond agents for claims of negligence or errors; many surety companies require a minimum amount.
- Premium remittance duty
- A bail bond agent must remit premiums to the surety according to the agency contract; failure to remit may result in termination and license discipline.
- First appearance
- A court hearing held within 48 hours of arrest where the judge informs the defendant of the charges and sets or reviews bail.
- Motion to vacate forfeiture
- A filing by the surety within 120 days of the forfeiture notice asking the court to set aside the forfeiture and reinstate the bond for good cause.
- Bond reinstatement
- The court's restoration of a forfeited bail bond, often upon the surety's production of the defendant or a showing of good cause, sometimes with a fee.
- Excessive bail prohibition
- The Eighth Amendment and Georgia law prohibit excessive bail, requiring that bail be reasonable in relation to the offense and the defendant's circumstances.
- Surrender of defendant
- The act of a surety or bail recovery agent delivering the defendant to the court or jail, which may exonerate the bond if done before forfeiture.
- Bail recovery agent powers
- A licensed bail recovery agent may arrest a defendant who failed to appear, using reasonable force, but may not enter a dwelling without consent or a warrant.
- Prohibited impersonation
- A bail recovery agent may not impersonate a law enforcement officer, carry a law enforcement badge, or wear clothing suggesting law enforcement status.