CALIFORNIA BAIL LAW AND PRACTICE
QUESTIONS
◉ What is the consequence for a bail agent who willfully fails to
deliver a defendant to custody within 48 hours? Answer: A
Misdemeanor
◉ When may a defendant be admitted to bail after conviction of an
offense not punishable with death? Answer: As a matter of right
before judgment is announced, as a matter of right when appealing
from judgment imposing imprisonment in cases of misdemeanors,
and as a matter of discretion in all other cases.
◉ What may a bail agent charge for in addition to the premium rate?
Answer: Recording Fees, Travel Expenses, and Any Charges Incurred
Backed By Receipts.
◉ What is the definition of fiduciary? Answer: A relationship of trust
and confidence.
◉ What may a bail agent do? Answer: Refer an arrestee to an
attorney.
,◉ When can a bail solicitor transact under more than one employer?
Answer: When the business is a partnership, individual licensees
have a registered appointment with the department of insurance for
each, or when the solicitor is a member of the partnership.
◉ Who handles a request for bail reduction? Answer: Local
Magistrate
◉ What is the reason for the bail system? Answer: To ensure the
appearance of the arrestee on the court appointed date.
◉ An arrestee charged with a felony can be released on what
conditions? Answer: Before held to answer, after seeing a Magistrate,
or before a bench warrant but after arrest.
◉ What is the definition of a bond? Answer: Any form used by a
surety.
◉ Who is notified by mail in the case of a forfeiture? Answer: The
Surety Company and the bonding company.
◉ What must remaining partners do if one partner dies? Answer:
They can continue if their partnership agreement allows for a
continuation, must notify the Insurance Commissioner, and must be
relicensed.
,◉ What can an officer in the jail accept to release a person charged
with a felony? Answer: Cash bail, Surety bond, or an authorization
from the presiding judge that the arrestee is bailable.
◉ Who decides on the OR release? Answer: Courts.
◉ How long must a licensed bail agent keep their records? Answer:
5 years from the last transaction.
◉ Who regulates the bail industry? Answer: Insurance
Commissioner.
◉ A bail solicitor may transact under what names? Answer: His
employer's own or approved fictitious name.
◉ Who makes the bail schedule for felonies? Answer: Superior,
Municipal and Justice Court Judges.
◉ When is bail license renewal due for licenses issued after January
1, 2011? Answer: Two years after the last calendar day of the month
in which the initial license was issued.
, ◉ What does a bail agent's license permit? Answer: To solicit,
negotiate, and effect undertakings of bail.
◉ Who can be a surety? Answer: Any licensed bondsman, Property
and Casualty insurance company, or any natural person.
◉ How long does the superior court need to keep an exonerated
bond? Answer: One year.
◉ What documents do you give the Indemnitor? Answer: Copies of
any document they sign and a receipt for money you receive.
◉ When may the court destroy most case records? Answer: After
three years.
◉ What laws can the commissioner of the Department of Insurance
change? Answer: Administrative laws.
◉ Who may appear in front of the judge to obtain a bail reduction?
Answer: Defendant, Attorney, or Family or Friend.
◉ What does 'transact' include when applied to bail? Answer:
Solicitation, Negotiations preliminary to execution, and Transaction
of matters subsequent to execution of the contract.