Important Mississippi Bail Agent License Update
The commissioner shall acquire the appropriate examination fee, which shall entitle the applicant to take the examination for the license, besides when a testing service is used, the testing service shall pay such fee to the commissioner. In either case, such examination shall be as the commissioner prescribes and shall be of sufficient scope to test the applicant’s information of topics pertinent to the duties and duties of a surety bail bond agent, including all legal guidelines and rules of this state applicable thereto. Any individual desiring to behave within this state as a surety bail bond agent shall make a written software to the commissioner for a license in such type and having such supporting paperwork as the commissioner prescribes. Each utility shall be signed by the applicant and shall be accompanied by a nonrefundable submitting charge as decided by the commissioner.
An applicant shall pay the cost of the State and any nationwide criminal historical past document verify of the applicant. Bail bondsman had the same frequent-law proper to grab the principal on the bond even if he acted as an agent for an insurance coverage bonding company, an organization, somewhat than as a person bail bondsman. An applicant for a license shall be required to look in individual and take a written examination testing the applicant’s competency and qualifications to behave as a surety bail bond agent. The commissioner might designate an unbiased testing service to prepare and administer such examination, supplied any examination charges charged by such service shall be paid by the applicant.
It’s important to keep updated in the occupation because the laws and rules regarding bail bonds and felony procedures generally change over time. In Lee v. Langley, 2005 WL (Utah App. August 4, 2005) the defendant failed to appear for felony expenses in Colorado and left the state in violation of the bond and of his contract with the surety.
The applicant’s fingerprints shall be licensed by a licensed regulation-enforcement officer. The fingerprints of each applicant shall be forwarded to the State Bureau of Investigation for a search of the applicant’s legal history record file, if any. If warranted, the State Bureau of Investigation shall forward a set of the fingerprints to the Federal Bureau of Investigation for a nationwide criminal historical past document check.
Article 17.19 permits a surety to file an affidavit of its intention to surrender the defendant. If the courtroom refuses to issue a bench warrant for the defendant and the defendant fails to seem for a subsequent court date, the bond is discharged. The bail agent filed an “affidavit to go off bond” however did nothing to bring the affidavit to the courtroom’s consideration or secure a ruling on it. The Court never took it up, and the defendant subsequently failed to look. The Court of Appeals held that simply submitting the affidavit is inadequate to cause the court’s inaction to represent a “refusal” to concern the warrant.
He was apprehended in Utah at his brother’s home by a restoration agent licensed in Colorado but not in Utah. The defendant and his brother sued the surety, bail agent and restoration agent for false imprisonment, assault and reckless endangerment. The jury discovered for the restoration agent on the other claims, and the bail agent and surety could not be liable if the primary actor was not liable. In Cowboy Bail Bonds v. State, 2004 WL (Tex. App. August 24, 2004) the court docket held that the surety had not complied with Article 17.19 of the Code of Criminal Procedure.
The applicant must also submit with the application a whole set of the applicant’s fingerprints, certified by an authorized law enforcement officer, and two current credential-sized full-face pictures of the applicant. At the time of utility, each applicant for a license shall forward a duplicate of the applicant’s complete application and supporting documents to the bond forfeiture unit of the Office of the Chief State’s Attorney. Any individual needing to have interaction in the enterprise of an expert bondsman shall apply to the Commissioner of Public Safety for a license therefor. Such utility shall set forth beneath oath the total name, age, residence and occupation of the applicant, whether or not the applicant intends to engage within the business of an expert bondsman individually or in partnership or affiliation with one other or others, and, in that case, the identification of each. It shall also set forth under oath a statement of the belongings and liabilities of the applicant, and whether he has been charged with or convicted of crime, and such different data, together with fingerprints and images, as stated commissioner every so often could require.
No one that has been convicted of a felony shall be licensed to do enterprise as an expert bondsman in this state. No individual engaged in regulation enforcement or vested with police powers shall be licensed to do business as knowledgeable bondsman. To hold a license in Pennsylvania, a bail bondsman completes continuing training courses annually.