OH Bail Bond flashcards

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

Ohio Department of Insurance

The state agency that licenses, examines and disciplines surety bail bond agents and insurers in Ohio; its Superintendent adopts rules and may suspend or revoke licenses.

Surety bail bond agent license

An Ohio limited lines license authorizing a person to execute bail bonds for an authorized surety insurer that has filed an appointment for that agent with the Department of Insurance.

Continuing education requirement

Ohio insurance agents holding a bail bond authority must complete 24 credit hours every two years, including at least 3 hours of ethics, to renew the license.

Insurer appointment

The filing an authorized insurer submits to the Ohio Department of Insurance granting an agent authority to act; without a valid appointment the agent may not transact bail bonds.

Chapter 119 hearing

Ohio's Administrative Procedure Act process the Department of Insurance uses to adjudicate license suspensions, revocations and fines before an administrative hearing officer.

Forms of bail

Ohio Revised Code 2937.22 recognizes cash, property, recognizance and surety bail; a bail agent posts surety bail backed by an authorized insurer's promise to pay.

Criminal Rule 46

The Ohio rule of criminal procedure governing bail; the court weighs offense seriousness, flight risk, danger to the community and the defendant's record when setting conditions.

Bond forfeiture

A court order declaring the bond forfeited after the defendant fails to appear, making the surety liable for the penal sum subject to reinstatement or remission.

Exoneration of surety

Release of the surety from all liability on a bond, occurring on final disposition of the case, surrender of the defendant, or entry of a court order discharging the bond.

Preventive detention

Under Ohio Revised Code 2937.222 a court may deny bail and detain a defendant charged with certain serious offenses after a hearing and written findings.

Surety surrender

The surety may return the defendant to custody and ask the court to discharge the bond; the court may require notice to the prosecutor and a hearing.

Arraignment

The initial court appearance at which the charges are read, a plea may be entered, and bail is set or reviewed under Ohio Criminal Rule 10.

Preliminary hearing

A felony probable cause hearing held within 10 days of arrest if the defendant is in custody and within 15 days if the defendant is not in custody.

Speedy trial time limits

Ohio Revised Code 2945.71 requires trial within 270 days for a felony and 90 days for a misdemeanor, with each day in custody counted as three.

Bench warrant

A warrant a judge issues when a defendant fails to appear, leading to arrest and to forfeiture proceedings against the surety on the bond.

Grand jury indictment

The procedure by which Ohio felonies are charged; the grand jury reviews the evidence and returns a true bill in the court of common pleas.

Three-party bond contract

A bail bond is a suretyship: the defendant is the principal, the insurer is the surety, and the state or court is the obligee receiving the promise to appear.

Premium earned on posting

The bail bond fee is fully earned the moment the bond is posted and is not refunded if charges are later dismissed or the defendant is acquitted.

Indemnity agreement

A contract in which a friend or relative indemnitor pledges collateral and promises to repay the surety for forfeitures, apprehension costs and collection expenses.

Collateral

Cash, property or other security deposited by the indemnitor to protect the surety, held for the surety's benefit and returned upon exoneration.

Power of attorney limit

The written authority from the insurer stating the maximum bond amount an agent may execute without prior company approval; exceeding it violates the agency contract.

Flight risk underwriting

Assessment of charge severity, prior failures to appear, criminal record, community and family ties, employment, residency length and ability to post collateral.

Rebating

Returning any portion of the premium or fee to the client, an unlicensed person or a referral source; prohibited and grounds for license discipline in Ohio.

Commingling funds

Mixing client premium or collateral money with the agent's personal or business funds; prohibited because those funds are held in a fiduciary capacity.

Jail solicitation

Approaching detained persons or their families inside a jail, holding area or courthouse to solicit bail business; prohibited conduct for licensed agents.

Unauthorized practice of law

A bail agent may explain bond mechanics but may not give legal advice, interpret charges or predict court outcomes for a defendant.

Conflict of interest

Arises when the agent's own interest or a duty to an indemnitor conflicts with the insurer's interest; it must be disclosed and the insurer's interest prevails.

Bond register

A running log of every bond written showing date, defendant, case number, bond amount, premium collected, collateral taken and indemnitor information.

Collateral receipt

A written document given to the indemnitor describing each item of collateral received, its stated value, and the conditions for its return.

Surety reporting duty

The agent's obligation to report each bond, premium and collateral to the insurer as the agency agreement requires, typically monthly with a reconciliation.

Record retention

Bond files, collateral records and financial records must be kept for the period set by the insurer and Ohio insurance recordkeeping rules and produced to examiners.

Change of address notice

The agent must notify the Ohio Department of Insurance of a change of business or residence address within the time the insurance rules require.