The Fentanyl Case and the Girlfriend's Truck
Tyler, 23, is charged with felony delivery of fentanyl. Bail is set at $100,000. He has lived in Fargo for eight months, has no steady employment, and most family lives in Chicago. He missed a misdemeanor court date two years ago. His girlfriend Alyssa offers $20,000 cash and a 2016 pickup worth about $18,000, but the truck title is in her father's name and her father refuses to sign any lien or indemnity agreement. Tyler's mother has $5,000 in savings and a stable job. The surety's underwriting guide says: no more than $50,000 exposure on a defendant with a prior FTA who lacks home ownership and two years of verifiable employment; cash collateral must be from an indemnitor with documented source of funds; vehicle collateral requires a clean title and a signed security agreement. Tyler's public defender asks Cole to 'just write it' because Tyler promises to appear.
1. Assess Tyler's risk and the proposed collateral.
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Tyler presents high risk: recent out-of-state family ties, no steady job, a prior FTA, and a serious felony. The $100,000 bond is large relative to the $50,000 guideline. Alyssa's $20,000 cash is helpful, but the source of funds must be documented and she must be a creditworthy indemnitor. The truck is not acceptable collateral: title is in the father's name, the father refuses to sign a lien or security agreement, and a vehicle depreciates. The mother's $5,000 is modest, but her stable job may support an indemnity. The agent should not treat Tyler's promise as risk reduction.
2. Should Cole write the bond as proposed? What conditions or alternatives are appropriate?
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Cole should decline the $100,000 bond as proposed, or seek the surety's written exception and a co-surety. If he proceeds, conditions should include a signed indemnity agreement from Alyssa and the mother, documented source of the $20,000, a clean vehicle title and signed security agreement only if the father actually signs, a cash collateral deposit in trust, regular check-ins, and a realistic surrender plan. He must stay within his POA limit. 'Just write it' is not an underwriting rationale.
3. If Cole writes the bond anyway and Tyler flees, what exposure follows?
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The surety is exposed for the bond and will look to Cole under the agency agreement. Cole's E&O may cover negligence but not intentional violation of underwriting rules. The Department can discipline him for unsafe practices. Collateral from Alyssa may be enforceable only to the extent she signed and had authority; the truck lien may fail. The court may forfeit the full $100,000, and Cole's failure to follow guidelines will hurt any later request for leniency.