Bail Bonds Louisiana

Acquit

to set free:to judicially discharge from an acquisition;to clear (a person) of a criminal charge

Bail Enforcement

the apprehension or surrender of a principal by a natural person who is released on bail or who has failed to appear at and state of the proceedings to answer to the charge before the court, in which he may be prosecuted

obligor

the party who owes the duty or debt; principal; in bail,the defendant

Appearance bond

the range of a criminal defendant's bond

Types of criminal defendant bonds

Bail Bonds

Appeal Bonds

Supersedes Bonds

Habeas Corpus Bonds

Extradition Bonds

Civil Contempt Bonds

Ne Exeat Bonds

Secured Personal Surety

personal surety who meets all the qualifications of law and specifically, mortages, immovable property located in the state of Louisiana

The Surety

the individual/company who pledges to fulfill the obligation if the obligor defaults, or in lieu thereof, to pay a specified sum of money. The sum is called the face amount of the bond.

Formal Contract

A contract made binding by the oberservance of required formalities regardless of the giving of consideration; specifically a contract the is a contract underseal, a recognizance, a letter of credit, or negotiable instruments

Poilcy/certificate

any contract of insurance, indemnity, medical, health or hospital service, suretyship, or annuity issued, proposed for issuance, or intended for issuance by any insurer

Insurance

Companies and their producers are regulated by the Insurance Commissioner and his staff in the DOI; an of the lines of authority specified in RS 22:1547

Bail

Monetary or other form of security to insure the appearance of the defendant at every stage of the criminal proceedings; any type of pretrial release

Probable Cause

Facts sufficient to cause a person of reasonable caution to believe a crime has been committed and if applicable that a specific person has committed the crime

2 types of personal surety

Unsecured and Secured

Voluntarily Surrender

personal appearance without confinement by a law enforcement officer or bail recovery agent

Surety

One who undertakes to pay money or perform some act if the principal fails to pay or perform

Producer

A person required to be licensed under the laws of this state to sell, solicit, or negotiate insurance, and includes all persons or business entities otherwise referred to in the La. Insurance code

False Swearing

when a person tells a lie under oath,and it is put in writing and sworn before a notary or other such official

Waiver

implies giving up of a known right

Offer & Acceptance

one party must take a proposition to the other and the other must accept the proposal

Competent Parties

sometimes referred to as "sui juris" parties

The parties must be legal age and in no way mentally impaired

Breach of Contract

One party's failure to perform some act, which be contractually agreed to do. In addition the aggrieved party may ask for monetary damages under a suit

Unilateral Contract

A contract in which only one party is obligated to perform.

Compare to bilateral contracts

Contract

an agreement between 2 or more persons which is legally binding

Informal Contract

Any contract that is not formal contract. Also called simple contract

Bilateral Contract

A contract in which both parties have promised to perform.

Compare to unilateral contract

Implied Contract

a contract that infers to exist from the words and conducts of the parties

Appearance Bond

in a criminal proceeding, guarantees that the defendant will appear in court each and every time he is ordered to do so until the case is disposed of by the court

Exonerate

to remover a burden or release from a duty. To free from responsibility

Jump bail

leaving the jurisdiction or any other act by a defendant to avoid a court appearance after a bail bond has been posted

Judgment

the decision of a court. In cases of forfeiture, the judgment is the court's order for the surety to pay

Bail Bond Regulatory Board

a 7 member board appointed by the Insurance Commissioner to assist the Dept. Of Ins. in the regulation of the bail industry

Bail Bondsman

a limited surety agent or professional bondsman, as hereinafter defined

Co-sureties

2 or more sureties to the same obligation

Department

in this course, The Dept of Ins

Liability

In surety, an obligation, which must be preformed or otherwise fulfilled. The face amount of a bond.

Indemnify

to secure against loss; to insure; to hold harmless

Indemnitor

One who indemnifies

Defendant

one who must defend himself in some action of law. In criminal proceedings, the accused. In criminal surety bonds, the principal

Collateralize

to make secure with collateral

Misrepresentation

False statement made during the period of inducement to sign a contract

Build-Up-Fund (BUF)

A fund which is held in trust for the limited surety agent by the surety company and into which a portion of all bond premiums are paid. This fund is normally used to indemnify the company from losses, which might be caused by the agent

Extradite

to surrender or deliver (a fugitive) to another jurisdiction

Contempt of Court

an act or omission tending to obstruct or interfere with the orderly administration of justice or to impair the dignity of the court or respect for its authority

A court possesses inherently all powers necessary for the exercise of its jurisdiction and the enforcement of its lawful orders. A court has the power to punish for contempt

Courts have the jurisdiction and powers over criminal proceedings that are conferred upon them by the constitution and statues of this state

5 elements of Fraud

1. False Statement

2. The party who makes the statement must know its untrue

3.He must intend that the other party will believe falsehood

4. The other party must accept the statement as the truth

5. The other party must be damaged as a result

Unfair methods of competition and unfair or deceptive acts or practices in the business of insurance

1. Misrepresentation

2. False information & advertising

3. Defamation

4. Boycott, coercion, & intimidation

5. False financial statements/False entries

6. Stock operations

7. Rebates

8. Unfair claims

Obligee, Obligor, Surety

Parties of a bail bond contract

Actions that make a bond unenforceable

Fraud, misrepresentation, concealment, false swearing, waiver

Representations

statements made by contracting parties during the stages of inducement to sign a contract. If 1 statement is untrue it is called misrepresentations

Concealment

the intentional withholding of facts by one party to a contract, which if they were known, would prevent the other party from signing the contract

Agreement

a meeting of the minds

Consideration

the integral part of a valid contract; "good and valuable"

Can be an act for an act, a promise for a promise, or an act for a promise

Legality of object

the contract must be entered into for legal purposes

Executory Contract

a contract that sets forth promises that are not yet performed

Express Contract

a contract created by the explicit language of the parties. compared to implied contract

2 Types of Contempt of court

Direct & Constructive

Direct Contempt

one committed in the immediate view and presence of the court and which it has personal knowledge ,or a contumacious failure to comply with a subpoena, summons, or order to appear in court, proof of service of which appears of record; a contumacious failure to comply with an order sequestering a witness

Obligee

the party to whom some obligation is due. In bail contracts, The State of Louisiana. As represented by the courts, is the obligee

Delegate

to appoint, authorize or commission

Constructive contempt

willful neglect or violation of a duty by a clerk, sheriff, or other person elected. willful disobedience of any lawful judgment order, etc. Rem0val of any person/property in the custody; unlawful detention of a witness

Runner

a person employed by a bail bondsman insurer or general agent for the purpose of assisting in presenting the defendant in court when required, to assist in the apprehension and surrender of the defendant, or to keep defendant under necessary surveillance. Has no power on his own and must work under supervision and cannot write or post bonds

Conviction

In criminal proceedings, the formal finding of the guilt of the defendant by a judge or jury

Execute

to complete and sign a document so that is becomes legally binding on the parties

Discharge

in reference to surety bonds, to fulfill the obligation of the bond. In bail bonds, the bond is said to be discharged when the case is disposed of

General Agent

an individual, partnership association, or corporation appointed or employed by an insurer to supervise or manage the bail bond business written by the limited surety agents licensed by the conpany

Power of Attorney

A written instrument authorizing an agent to perform certain acts on behalf of the principal

Limited Surety Agent

an individual who is appointed by an insurer, with power of attorney to execute or countersign bail bonds in connection with judicial proceeding and who receives or is promised money or other things of value therefor

Insurer

party who provides insurance and/or surety bonds. Defined in this course to mean any surety company licensed to transact business in Louisiana; shall be the same definition set forth in RS 22:46

Surrender

the act by which an accused is delivered to the proper authorites

Bail Bond

The document executed to secure the release of an individual in custody of the law

Felony

a crime punishable by death, a life sentence, or a term for more than one year in the state penitentiary. More serious than a misdemeanor

Capital Offence

a felony for which the punishment may be the death penalty

Recognizance

a promise; undertaking

Release on Recognizance

Release from jail on the defendant's promise to appear. Refered to "recog" ot "ROR"

Indictment

formal accusation drawn by a prosecuting attorney and presented to a grand jury. If the grand jury finds there is sufficient evidence to believe that the name accused is guilty of the crime described, it returns a "true bill" and the accused is said to have been "indicted"

Warrant of Arrest

a written order commanding the sheriff or other law enforcement officers to seize the name of the person to answer for some offense. Is used interchangeable with "capias"

Disposition

in criminal proceedings, a final statement, a termination of the case

Extradition

the legal process by which a person has committed a crime in one state and fled to another state to be returned to the state where the crime was committed

Default

Failure to do what is required

Custody

the care and control of a thing or person for inspection,preservation, or security

Writ

a written judicial order

Fugitive

one who leaves the jurisdiction of court or who hides within the jurisdiction to avoid prosecution

Adjudicate

to decide a matter based on evidence presented to the court. To rule upon judicially

Hearing

a court proceeding usually to determine some particular issue within a case, though it is possible for an entire case to be settled as a result of a hearing less formal than a trial and never involves a jury

Conversion

the unlawful assumption of ownership of the property of another. If the bondsman wore jewelry which he was holing as collateral, that would constitute conversion

Suspend

to put aside temporarily

Does not qualify for exemption

bail

Continuing Ed

12 hours

every 2 years

odd # years

on birthday

Continuing Ed Exempt

Age 65

military

medical

DOI tracks 3 addresses for every licensed insurance producer

Mailing

Resident

Business

* 50 fine if DOI not notified

Authorized Insurer

shall has the same definition as set forth is RS 22:46

Business Entity

a corporation, association, partnership, limited liability company, limited liability partnership, or other legal entity

Commission

a fee paid to an insurance producer as a percentage of this premium generated by a solid insurance policy or direct compensation or reward

Home State

the District of Columbia or any state or territory of the US in which an insurance producers maintain a principal place of residence or principal place of business and is licensed to act as an insurance producer

Insurance Producer

person required to be licensed under the laws of the state to sell, solicit, or negotiate insurance and includes all persons or business entities

License

a document issued by this state's commissioner of insurance authorizing a person to act as an insurance producer for the lines of authority specified in the document

Limited Line Credit Insurance

includes credit life, credit disability, credit property, credit unemployment, involuntary unemployment, mortgage life, mortgage disability and any other form of insurance offered in connection with an extension of credit that is limited to partially or wholly extinguishing that credit obligation that the commissioner of insurance determines

Limited Line Credit Insurance Producer

an insurance producer who sells, solicits or negotiates one or more forms of limited line credit insurance coverage to individuals through a master, corporate, or group individual party

Limited lines Insurance

any authority granted by the commissioner of insurance which restricts the authority of the licensee to less that the total authority prescribed in the association major lines pursuant to RS 22:1547 (a)(1-6)