PACK KEY LEGAL CONCEPTS AND SAMPLE
QUESTIONS WITH EXPLANATIONS
◉ What does 'transact' include when applied to bail? Answer:
Solicitation, Negotiations preliminary to execution, and Transaction
of matters subsequent to execution of the contract.
◉ What must a defendant do if they are out on bail and are arrested
for the same case within 10 days? Answer: Get a new bond and pay
the full amount.
◉ How many days does the court clerk have to mail a notice of
forfeiture to the surety if a bond exceeds four hundred dollars?
Answer: 30 days.
◉ What requirements must be met for a corporation to hold a bail
license? Answer: One hundred percent of the shares must be held by
licensed bail agents, all shareholders must be licensed bail agents,
and any sale or transfer of stock requires prior approval of the
Department of Insurance.
◉ Can a bail agent receive rebates from another bail agent? Answer:
No, never.
,◉ How long does a bail company need to be in business before it can
be sold? Answer: Two years.
◉ Where do County Clerks receive the names and license numbers
of all bail agents? Answer: The Insurance Commissioner
automatically provides the information.
◉ What can a retired police officer from Los Angeles County do to
become a bail agent? Answer: Obtain a restricted license if evidence
is provided that bail business will be conducted in a county other
than where they were employed.
◉ What conditions allow bail reinstatement? Answer: Bail may be
reinstated if prior notice is given and the bail has not surrendered
the defendant, if a ten-day notice is provided and all parties agree, or
if the defendant is a fugitive and notice has been given to the court.
◉ When may a bench warrant not be issued for failure to appear?
Answer: A bench warrant may not be issued if the court believes the
defendant has a reasonable excuse for not appearing, if the
defendant is deceased, if the attorney requests a continuance, or if
the court believes the defendant was not notified of the court date.
,◉ What is required for a retired law enforcement officer to become a
bail agent? Answer: A retired law enforcement officer may become a
bail agent if six months have passed and they obtain permission
from the commissioner.
◉ What is required if one partner in a bail business is not licensed?
Answer: The licensed agent must own 51% of the business, all
partners must be licensed, and the non-licensed partner cannot have
an active or controlling interest in the business.
◉ How are fiduciary funds maintained? Answer: Fiduciary funds
must be held in a trust account.
◉ Who must approve a fictitious business name for a bail agency?
Answer: The fictitious business name must be approved by the
Department of Insurance Commissioner.
◉ Where can you obtain a certified copy of an undertaking? Answer:
A certified copy of an undertaking can be obtained from your surety
company.
◉ Who can deliver a power of attorney? Answer: A power of
attorney can be delivered by a licensed bail agent, the defendant's
attorney, or a professional mail courier.
, ◉ What is the consequence for a bail agent who fails to deliver a
defendant to court? Answer: The bail agent is guilty of a
misdemeanor.
◉ Under what conditions is a surety released from obligations under
a bond? Answer: A surety is released if the clerk fails to mail the
notice of forfeiture in accordance with Penal Code section 1305
within 30 days after the entry of forfeiture.
◉ What happens when a bond is forfeited and the specified time has
elapsed? Answer: The court enters a summary judgment against
each bondsman named in the bond and demands immediate
payment of the judgment within 30 days after it becomes final.
◉ Where are fines and forfeitures from crimes other than parking
offenses deposited? Answer: Fines and forfeitures are deposited
with the court clerk.
◉ What is an undertaking of bail? Answer: An undertaking of bail is
a written instrument that sets forth a contract of insurance.
◉ How soon must changes to the schedule of charges for bail be
filed? Answer: Changes must be filed with the Department of
Insurance Commissioner within 10 days.