A golf trip to Las Vegas, bail bondsman bought and paid for, appears to be just the tip of the iceberg for potential conflicts of interest in the Muskegon area. Thomas DePung, a Muskegon bail bondsman, bought golf trips to Las Vegas for two assistant prosecutors from the Musekegeon county area.
Kathryn Norton, who was an entry level Assistant Prosecutor and Marc E. Curtis, who had a 9 year tenure, were fired after being on paid suspension for their acceptance of the trips. While no criminal acts were alleged, the severity of their apparent misjudgement was enough for the pair to be terminated for accepting gifts from the bail bondsman.
Muskegon County Prosecutor Tony Tague said that "despite no evidence of any influence on the assistants' jobs," their actions were "an incredible lapse of judgment and have created an unacceptable appearance of impropriety."
On the tail of the scandal involving the two assistant prosecutors, another potential conflict of interest between Tommy Depung and the Muskegon County Sheriff's office. Tommy DePung was linked with a service that provided flat screen TV's in Muskegon County Jail's booking and visiting areas, along with numerous additional county jails in across the state of Michigan. These flat screen televisions show DePung's On the Run Network TV, which provided and installed the TVs.
The connection between DePung, owner of Bad Boys Bail Bonds, and Muskegon County doesn’t involve county money going to DePung. The agreement between the Muskegon County corporate counsel’s office and the bail bondsman was signed by both Sheriff Dean Roesler and DePung.
The content being shown on the "On the Run Network" is essentially a rollign slide show that allows bail bondsmen and lawyers to advertise their services to the inmates incarcertaed in participating facilities. These advertisements are purchased from DePung's company.
The agreement does not include any money being paid to DePung's company for rent or services rendered. In addition, DePung's group installed and services the equipment for free.
However, the additional, and seemingly cozy, tie between DePung and the Sheriff's office calls into question possible conflicts of interest. Why does Depung have the ability to craft these deals? Do these ancillary agreements cause and conflicts of interest with the Sheriff's office and their dealings with DePung's Bad Boys Bail Bonds. As more information surfaces about Mr. dePung's activities, surely this will lead to more questions than answers.
BAIL BONDS UPDATE - Delivering the latest bail bonds news and stories.
Saturday, April 7, 2012
Saturday, March 3, 2012
Man Pretending To Be A Bail Bondsman Was Out On Bail
Last Monday night a Conway woman was coned by a man pretending to be a bail bondsman. The man said he worked for City Bail Bonds and asked the Conway woman if he could search her home to help locate a suspect. As the two got talking the man said he could help the Conway woman bail her son out of jail if she continued to help him locate his suspect.
The alleged bondsman and the woman met at the Faulkner County Detention Center the following night where she gave the man $150 for her sons bail. The two were exchanging information and money when the suspect took off in a silver car.
Conway Police were called reporting the scam by the victim the same night. Police were able to speak to a witness who was at the victims home at the same time as the fake bondsman. The witness was able to give the police a phone number they used to contact the suspect. The suspect told police he would turn himself in, but never did.
The owners of City Bail Bonds were asked by police if they could assist in locating the suspect. After linking the suspects name and phone number. City Bail Bonds was able to give police a driver’s license photo of the suspect. The victim confirmed it was the man who conned her out of her money.
The suspect is being considered a flight risk as he was currently out on bail for a different crime. Police will be contacted by City Bail Bonds as soon as the fake bondsman is located and placed in jail.
The alleged bondsman and the woman met at the Faulkner County Detention Center the following night where she gave the man $150 for her sons bail. The two were exchanging information and money when the suspect took off in a silver car.
Conway Police were called reporting the scam by the victim the same night. Police were able to speak to a witness who was at the victims home at the same time as the fake bondsman. The witness was able to give the police a phone number they used to contact the suspect. The suspect told police he would turn himself in, but never did.
The owners of City Bail Bonds were asked by police if they could assist in locating the suspect. After linking the suspects name and phone number. City Bail Bonds was able to give police a driver’s license photo of the suspect. The victim confirmed it was the man who conned her out of her money.
The suspect is being considered a flight risk as he was currently out on bail for a different crime. Police will be contacted by City Bail Bonds as soon as the fake bondsman is located and placed in jail.
Wednesday, February 15, 2012
Bail Bonds for Sex?
A bail bondsman, named Ken Waters, has been accused of providing bail bonds to women in exchange for sexual favors.
The Sacramento bail bondsman is not new to controversy. In fact, the CA Department of Insurance revoked his license back in 1995, but it has since been reinstated.
For this latest allegation, local and state officials looked for him at his bail bond's office in Sacramento. However, Ken Waters is believed to have fled. The search and investigation are the result of recorded phone conversations between the bail bondsman and his clients.
Apparently, the investigators believe the misconduct may have occurred with multiple clients. Waters eventually turned himself in and now faces charges of illegal bail transaction and soliciting prostitution.
The Sacramento bail bondsman is not new to controversy. In fact, the CA Department of Insurance revoked his license back in 1995, but it has since been reinstated.
For this latest allegation, local and state officials looked for him at his bail bond's office in Sacramento. However, Ken Waters is believed to have fled. The search and investigation are the result of recorded phone conversations between the bail bondsman and his clients.
Apparently, the investigators believe the misconduct may have occurred with multiple clients. Waters eventually turned himself in and now faces charges of illegal bail transaction and soliciting prostitution.
Sunday, January 15, 2012
Bail Bonds For Illegal Aliens
Alabama's Attorney General suggests repealing a couple of the key provisions of the state's well-publicized anti-illegal immigration statute.
In a letter sent last week, to members of the Alabama state legislature, the Attorney General outlined his views and specifically adressed bail for illegal immigrants.
In a surprising move, Strange recommends removing the prohibition of eligibility for the issuing of bail bonds to illegal aliens. The constitution of the state of Alabama protects the people's "absolute right to bail in all noncapital cases."
The law's current ban, which precludes a bail bondsman from entering into contracts with illegal aliens, would be tweaked slightly so as to apply only to those contracts made after the enforcement date of the law.
HB 56 was signed into law by Governor Robert Bentley on June 9, 2011 in a ceremony held at the Old House Chamber at the Alabama State Capitol in Montgomery.
In a letter sent last week, to members of the Alabama state legislature, the Attorney General outlined his views and specifically adressed bail for illegal immigrants.
In a surprising move, Strange recommends removing the prohibition of eligibility for the issuing of bail bonds to illegal aliens. The constitution of the state of Alabama protects the people's "absolute right to bail in all noncapital cases."
The law's current ban, which precludes a bail bondsman from entering into contracts with illegal aliens, would be tweaked slightly so as to apply only to those contracts made after the enforcement date of the law.
HB 56 was signed into law by Governor Robert Bentley on June 9, 2011 in a ceremony held at the Old House Chamber at the Alabama State Capitol in Montgomery.
Sunday, August 28, 2011
Maryland Community Doesn't Want Bail Bonds Business
For some, bail bonds are a necessary life line that allows a loved one to access freedom while awaiting trial. For others, it is a business opportunity and chance to participate in the legal system. For Katia Hamilton, being a bail bondsman represents the American Dream.
Ms. Hamilton views her bail bonds aspirations as a legal and ethical way to provide an invaluable service to Waverly residents, much needed jobs for the local community and an income for her family.
However, a number of Waverly residents, in addition to some local politicians, are fighting to prevent Katia Hamilton from operating her First Response Bail Bonds in the city. They call it a predatory business and attempting to use zoning laws to prevent Hamilton from locating the business in Waverly.
“I’m doing the right thing but I feel like I’m under attack,” Hamilton said.
At the center of the issue is Waverly Councilwoman Mary Pat Clarke. She fought to appeal a city move that issued First Response an occupancy permit to the Planning and Zoning Commission. The City Councilwoman along with comunity groups and local Waverly businesses went as far as to hire attorney Fred Lauer to represent their cause.
The group opposed to Hamilton's business argued to the commission that a bail bonds agency is detrimental and counter productive to the community. They cited recent violent crime and bad publicity for the Waverly business district along Greenmount Avenue, where Hamilton intends to open a storefront.
They likened bail bonds agencies to other undesirable businesses such as pawn shops and adult bookstores. They further argued that desirable businesses on the other hand are leaving the area and adding a bail bonds business will further cause blight.
To complicate the issue, the Waverly business area is part of a broader urban renewal plan that delineates what types of business are permitted. For example, Waverly’s renewal plan explicitly prohibits such businesses as bars, massage parlors and those focused on rabbit and poultry butchering. However, the plan doesn’t specifically address or preclude bail bond agencies.
The opposition group's attorney also argued before the Planning and Zoning Commission that the Baltimore City Council passed legislation in the spring which did include the prohibition of bail bonds agencies under Waverly's urban renewal plan. He cited case law from the Court of Appeals in 2009—in Layton vs. Howard County— which found that if a law is passed while an issue is still going through the legal process, the law takes precedent.
Based on the testimony during the meeting, Planning and Zoning Commission members were decided to delay a decision pending more research and deliberation.
Ms. Hamilton views her bail bonds aspirations as a legal and ethical way to provide an invaluable service to Waverly residents, much needed jobs for the local community and an income for her family.
However, a number of Waverly residents, in addition to some local politicians, are fighting to prevent Katia Hamilton from operating her First Response Bail Bonds in the city. They call it a predatory business and attempting to use zoning laws to prevent Hamilton from locating the business in Waverly.
“I’m doing the right thing but I feel like I’m under attack,” Hamilton said.
At the center of the issue is Waverly Councilwoman Mary Pat Clarke. She fought to appeal a city move that issued First Response an occupancy permit to the Planning and Zoning Commission. The City Councilwoman along with comunity groups and local Waverly businesses went as far as to hire attorney Fred Lauer to represent their cause.
The group opposed to Hamilton's business argued to the commission that a bail bonds agency is detrimental and counter productive to the community. They cited recent violent crime and bad publicity for the Waverly business district along Greenmount Avenue, where Hamilton intends to open a storefront.
They likened bail bonds agencies to other undesirable businesses such as pawn shops and adult bookstores. They further argued that desirable businesses on the other hand are leaving the area and adding a bail bonds business will further cause blight.
To complicate the issue, the Waverly business area is part of a broader urban renewal plan that delineates what types of business are permitted. For example, Waverly’s renewal plan explicitly prohibits such businesses as bars, massage parlors and those focused on rabbit and poultry butchering. However, the plan doesn’t specifically address or preclude bail bond agencies.
The opposition group's attorney also argued before the Planning and Zoning Commission that the Baltimore City Council passed legislation in the spring which did include the prohibition of bail bonds agencies under Waverly's urban renewal plan. He cited case law from the Court of Appeals in 2009—in Layton vs. Howard County— which found that if a law is passed while an issue is still going through the legal process, the law takes precedent.
Based on the testimony during the meeting, Planning and Zoning Commission members were decided to delay a decision pending more research and deliberation.
Saturday, March 5, 2011
Las Vegas Bail Revoked After Jewels Found In Briefcase
In Las Vegas, Stanley and Colleen Rimer were convicted of involuntary manslaughter in the death of their 4-year-old son, Jason. While both of the married couple were out on bail, Stanley Rimer decided to bring a briefcase full of jewels into court.
District Judge Douglas Herndon was suspicious that anyone on bail would walk around with valuable jewels in a briefcase. Fearing Mr. Rimer was a flight risk, he revoked his $500,000 bail and had him taken into custody at the Clark County Detention Center. His wife, Colleen, did not have her bail revoked.
Rimer told the judge that he brought the jewelry with him in case he was arrested so that it could be used to pay a local Las Vegas bail bondsman. The judge didn't buy that story.
At a follow up hearing, Deputy D.A. David Stanton supplied the court with pictures of the briefcase and asked the judge to revoke the bail of both of the Rimers.
District Judge Douglas Herndon was suspicious that anyone on bail would walk around with valuable jewels in a briefcase. Fearing Mr. Rimer was a flight risk, he revoked his $500,000 bail and had him taken into custody at the Clark County Detention Center. His wife, Colleen, did not have her bail revoked.
Rimer told the judge that he brought the jewelry with him in case he was arrested so that it could be used to pay a local Las Vegas bail bondsman. The judge didn't buy that story.
At a follow up hearing, Deputy D.A. David Stanton supplied the court with pictures of the briefcase and asked the judge to revoke the bail of both of the Rimers.
Monday, January 17, 2011
Bail Bond Boards
With the decision of the Titus County Commissioners to implement a county bail bond board, the Tribune took some time to redact the applicable state law, and we publish the highlights to day as a public service.
Chapter 1704 of Title 10 of the State Occupations Code - pertaining occupations related to law enforcement - applies to the operations of a county bail bonds board. The original document is over 33 pages and 9,000 words long.
The law was passed by the Texas legislature in 1999. It has been amended a number of times since then.
The first sub-chapter sets out some basic definitions: "Bail bond" means a cash deposit, or similar deposit or written undertaking, or a bond or other security, given to guarantee the appearance of a defendant in a criminal case.
"Bail bond surety" means a person who executes a bail bond as a surety or co-surety for another person; or for compensation deposits cash to ensure the appearance in court of a person accused of a crime.
Chapter 1704 applies to counties with a population of 110,000 or more, or smaller counties where a board is created. The passage of the law in 1999 automatically created boards in counties with a population of 110,000 or more.
The discretionary creation of a board in a county with a population of less than 110,000 is allowed if a majority of the persons who would serve as members of the board approve and the commissioners court approves the creation of the board by a majority vote.
A bail bond board consists of the sheriff, a district judge, the county judge, the district attorney, a licensed bail bond surety, a justice of the peace, the district clerk, the county clerk, a presiding judge of a municipal court in the county, the county treasurer, and a criminal defense attorney.
Chapter 1704 outlines the requirements for individuals who can represent the above-named office holders on the board.
The bail bond board member who represents bail bondsmen is elected by a secret ballot; each individual licensed in the county as a bail bond surety or agent for a corporate surety is entitled to cast one vote for each license held.
The board is required to meet not later than the 60th day after the date the board is created. The action taken by county commissioners last week sets that start date Oct. 1, 2011 in Titus County. so the first meetingwill have to held in October or November.
A board in a county with a population of less than 50,000 is required to meet at least four times each year during the months of January, April, July, and October. Four members of a board constitute a quorum. A board may take action only on a majority vote of the board members are present. A person may not act as a bail bond surety or as an agent for a corporate surety in the county unless the person holds a license issued by the bail bond board. To be eligible for a license, an individual must possess the financial resources as required unless the individual is acting only as agent for a corporation holding a license.
Sureties must submit documentary evidence that, in the two years preceding the date a license application is filed, the individual completed in person at least eight hours of continuing legal education in criminal law courses or bail bond law courses that are approved by the State Bar of Texas and that are offered by an accredited institution of higher education in the state.
A person is not eligible for a license if, after August 27, 1973, the person commits and is finally convicted of a misdemeanor involving moral turpitude or a felony.
To be licensed as a bail bondsmen, a person must apply for a license by filing a sworn application with the board. If the applicant is an individual, the application must be accompanied by a list of real property owned by the applicant that the applicant intends to execute in trust to the board if the applicant's application is approved; and the applicant's complete, sworn financial statement; the applicant's declaration that the applicant will comply with state law and the rules adopted by the board; three letters of recommendation, each from a person who is reputable; and has known the applicant for at least three years;
A $500 filing fee is required, as well as a photograph of the applicant; a set of fingerprints of the applicant a list of each county in which the applicant holds a license; and a statement by the applicant, as of the date of the application, of any final judgments that have been unpaid for more than 30 days and that arose directly or indirectly from a bail bond executed by the applicant.
A corporation must file a separate corporate application for each agent the corporation designates in the county.
Before a hearing on a license application, a board or a board's authorized representative shall determine whether the applicant possesses the financial resources to comply with the law.
After the hearing the board shall enter an order conditionally approving the application unless the board determines that a ground exists to deny the application.
An order issued conditionally approving a license application becomes final on the date the applicant complies with the security requirements, and deposits with the county treasurer a cashier's check, certificate of deposit, or cash in the amount required, or executes in trust to the board each deed to the property listed on the application. The deposit made may not be less than $50,000.
A list of nonexempt real property required must, for each parcel listed, include a legal description of the property that would be sufficient to convey the property by general warranty deed; a current statement from each taxing unit authorized to impose taxes on the property showing that there is no outstanding tax lien against the property; and at the option of the applicant, either the property's: net value according to a current appraisal, or its value according to a statement from the county from the county's most recent certified tax appraisal roll;
A statement by the applicant is required that, while the property remains in trust, the applicant agrees to pay the taxes on the property; will not further encumber the property unless the applicant notifies the board and the board permits the encumbrance; and agrees to maintain insurance on any improvements on the property against damage or destruction in the full amount of the value claimed for the improvements;
A statement is required of whether the applicant is married; and if the applicant is married, a sworn statement from the applicant's spouse agreeing to transfer to the board, as a part of the trust, any right, title, or interest that the spouse may have in the property.
An applicant or a license holder may appeal an order of a board denying an application for a license or renewal of a license, or suspending or revoking a license, by filing a petition in a district court in the county not later than the 30th day after the date the person receives notice of the denial, suspension, or revocation.
An attorney is allowed to post a bond for a client, without being licensed with a bail bond board.
A bail bond license holder may not execute a bail bond that, in the aggregate with other bail bonds, results in a total amount that exceeds 10 times the value of the security deposited. A license holder, at any time, may increase the limits by depositing or executing additional security.
A person shall pay a final judgment on a forfeiture of a bail bond not later than the 31st day after the date of the final judgment; if a license holder fails to pay a final judgment the judgment shall be paid from the security deposited or executed by the license holder. Before a final judgment on a forfeiture of a bail bond, the prosecuting attorney may recommend to the court a settlement in an amount less than the amount stated in the bond or the court may, on its own motion, approve a settlement.
If a final judgment on a forfeiture of a bail bond is paid from the security deposited by a license holder, they shall deposit or execute additional security in an amount sufficient to stay in compliance.
A board shall immediately suspend a license if the license holder fails to maintain the amount of security required A board is not required to provide notice or a hearing before suspending a license under this subsection. A license suspended under this subsection shall be immediately reinstated if the license holder deposits or executes the amount of security required.
A board shall revoke a license if the license holder fails to pay a judgment or the amount of security maintained by the license holder is insufficient to pay the judgment.
The board or its authorized representative shall immediately notify the sheriff if a bail bond surety fails to pay a final judgment of forfeiture After receiving notification, the sheriff may not accept any bonds from the bail bond surety until the surety pays the judgment.
The bail bond surety's privilege to post bonds is reinstated when the bail bond surety pays the judgment.
A person executing a bail bond may surrender the person for whom the bond is executed by filing an affidavit with the court or magistrate before which the prosecution is pending.
A license holder shall maintain an office in the county in which the license holder holds a license. Not later than the seventh day after the date a license holder opens a new office or moves an office to a new location, the license holder shall notify the board of the location of the office.
A board, on its own motion, may investigate an action of a license holder that relates to a complaint that the license holder has violated the law. After notice and hearing, a board may revoke or suspend a license.
Specific acts that lead to suspending or revoking a license include being finally convicted under the laws of Texas another state, or the United States of an offense that is a misdemeanor involving moral turpitude or a felony; going bankrupt; being declared mentally incompetent; soliciting bonding business in a building in which prisoners are processed or confined; recommending to a client the employment of a particular attorney or law firm in a criminal case; or misrepresenting the amount for which the license holder may execute a bail bond for purposes of obtaining the release of a person on bond.
A person in the bonding business may not directly or indirectly give, donate, lend, or contribute, or promise to give, donate, lend, or contribute, money or property to an attorney, police officer, sheriff, deputy, constable, jailer, or employee of a law enforcement agency for the referral of bonding business.
A person may not accept or receive from a license holder money, property, or any other thing of value as payment for the referral of bonding business.
Public officials are prohibited from recommending a bail bondsman. A bail bond surety or an agent of a bail bond surety may not receive money or other consideration or thing of value from a person for whom the bail bond surety executes a bond unless the bail bond surety or agent issues a receipt to the person. A board may regulate solicitations or advertisements by or on behalf of bail bond sureties to protect the public from harassment fraud misrepresentation; or threats to public safety.
A bail bond surety may not make, cause to be made, or benefit from unsolicited contact through any means, including in person, by telephone, by electronic methods, or in writing. A board shall post in each court having criminal jurisdiction in the county, and shall provide to each local official responsible for the detention of prisoners in the county, a current list of each licensed bail bond surety and each licensed agent of a corporate surety in the county.
A list of each licensed bail bond surety and each licensed agent of a corporate surety in a county must also be displayed at each location where prisoners are examined, processed, or confined.
Click here to read full Daily Tribune Article
Chapter 1704 of Title 10 of the State Occupations Code - pertaining occupations related to law enforcement - applies to the operations of a county bail bonds board. The original document is over 33 pages and 9,000 words long.
The law was passed by the Texas legislature in 1999. It has been amended a number of times since then.
The first sub-chapter sets out some basic definitions: "Bail bond" means a cash deposit, or similar deposit or written undertaking, or a bond or other security, given to guarantee the appearance of a defendant in a criminal case.
"Bail bond surety" means a person who executes a bail bond as a surety or co-surety for another person; or for compensation deposits cash to ensure the appearance in court of a person accused of a crime.
Chapter 1704 applies to counties with a population of 110,000 or more, or smaller counties where a board is created. The passage of the law in 1999 automatically created boards in counties with a population of 110,000 or more.
The discretionary creation of a board in a county with a population of less than 110,000 is allowed if a majority of the persons who would serve as members of the board approve and the commissioners court approves the creation of the board by a majority vote.
A bail bond board consists of the sheriff, a district judge, the county judge, the district attorney, a licensed bail bond surety, a justice of the peace, the district clerk, the county clerk, a presiding judge of a municipal court in the county, the county treasurer, and a criminal defense attorney.
Chapter 1704 outlines the requirements for individuals who can represent the above-named office holders on the board.
The bail bond board member who represents bail bondsmen is elected by a secret ballot; each individual licensed in the county as a bail bond surety or agent for a corporate surety is entitled to cast one vote for each license held.
The board is required to meet not later than the 60th day after the date the board is created. The action taken by county commissioners last week sets that start date Oct. 1, 2011 in Titus County. so the first meetingwill have to held in October or November.
A board in a county with a population of less than 50,000 is required to meet at least four times each year during the months of January, April, July, and October. Four members of a board constitute a quorum. A board may take action only on a majority vote of the board members are present. A person may not act as a bail bond surety or as an agent for a corporate surety in the county unless the person holds a license issued by the bail bond board. To be eligible for a license, an individual must possess the financial resources as required unless the individual is acting only as agent for a corporation holding a license.
Sureties must submit documentary evidence that, in the two years preceding the date a license application is filed, the individual completed in person at least eight hours of continuing legal education in criminal law courses or bail bond law courses that are approved by the State Bar of Texas and that are offered by an accredited institution of higher education in the state.
A person is not eligible for a license if, after August 27, 1973, the person commits and is finally convicted of a misdemeanor involving moral turpitude or a felony.
To be licensed as a bail bondsmen, a person must apply for a license by filing a sworn application with the board. If the applicant is an individual, the application must be accompanied by a list of real property owned by the applicant that the applicant intends to execute in trust to the board if the applicant's application is approved; and the applicant's complete, sworn financial statement; the applicant's declaration that the applicant will comply with state law and the rules adopted by the board; three letters of recommendation, each from a person who is reputable; and has known the applicant for at least three years;
A $500 filing fee is required, as well as a photograph of the applicant; a set of fingerprints of the applicant a list of each county in which the applicant holds a license; and a statement by the applicant, as of the date of the application, of any final judgments that have been unpaid for more than 30 days and that arose directly or indirectly from a bail bond executed by the applicant.
A corporation must file a separate corporate application for each agent the corporation designates in the county.
Before a hearing on a license application, a board or a board's authorized representative shall determine whether the applicant possesses the financial resources to comply with the law.
After the hearing the board shall enter an order conditionally approving the application unless the board determines that a ground exists to deny the application.
An order issued conditionally approving a license application becomes final on the date the applicant complies with the security requirements, and deposits with the county treasurer a cashier's check, certificate of deposit, or cash in the amount required, or executes in trust to the board each deed to the property listed on the application. The deposit made may not be less than $50,000.
A list of nonexempt real property required must, for each parcel listed, include a legal description of the property that would be sufficient to convey the property by general warranty deed; a current statement from each taxing unit authorized to impose taxes on the property showing that there is no outstanding tax lien against the property; and at the option of the applicant, either the property's: net value according to a current appraisal, or its value according to a statement from the county from the county's most recent certified tax appraisal roll;
A statement by the applicant is required that, while the property remains in trust, the applicant agrees to pay the taxes on the property; will not further encumber the property unless the applicant notifies the board and the board permits the encumbrance; and agrees to maintain insurance on any improvements on the property against damage or destruction in the full amount of the value claimed for the improvements;
A statement is required of whether the applicant is married; and if the applicant is married, a sworn statement from the applicant's spouse agreeing to transfer to the board, as a part of the trust, any right, title, or interest that the spouse may have in the property.
An applicant or a license holder may appeal an order of a board denying an application for a license or renewal of a license, or suspending or revoking a license, by filing a petition in a district court in the county not later than the 30th day after the date the person receives notice of the denial, suspension, or revocation.
An attorney is allowed to post a bond for a client, without being licensed with a bail bond board.
A bail bond license holder may not execute a bail bond that, in the aggregate with other bail bonds, results in a total amount that exceeds 10 times the value of the security deposited. A license holder, at any time, may increase the limits by depositing or executing additional security.
A person shall pay a final judgment on a forfeiture of a bail bond not later than the 31st day after the date of the final judgment; if a license holder fails to pay a final judgment the judgment shall be paid from the security deposited or executed by the license holder. Before a final judgment on a forfeiture of a bail bond, the prosecuting attorney may recommend to the court a settlement in an amount less than the amount stated in the bond or the court may, on its own motion, approve a settlement.
If a final judgment on a forfeiture of a bail bond is paid from the security deposited by a license holder, they shall deposit or execute additional security in an amount sufficient to stay in compliance.
A board shall immediately suspend a license if the license holder fails to maintain the amount of security required A board is not required to provide notice or a hearing before suspending a license under this subsection. A license suspended under this subsection shall be immediately reinstated if the license holder deposits or executes the amount of security required.
A board shall revoke a license if the license holder fails to pay a judgment or the amount of security maintained by the license holder is insufficient to pay the judgment.
The board or its authorized representative shall immediately notify the sheriff if a bail bond surety fails to pay a final judgment of forfeiture After receiving notification, the sheriff may not accept any bonds from the bail bond surety until the surety pays the judgment.
The bail bond surety's privilege to post bonds is reinstated when the bail bond surety pays the judgment.
A person executing a bail bond may surrender the person for whom the bond is executed by filing an affidavit with the court or magistrate before which the prosecution is pending.
A license holder shall maintain an office in the county in which the license holder holds a license. Not later than the seventh day after the date a license holder opens a new office or moves an office to a new location, the license holder shall notify the board of the location of the office.
A board, on its own motion, may investigate an action of a license holder that relates to a complaint that the license holder has violated the law. After notice and hearing, a board may revoke or suspend a license.
Specific acts that lead to suspending or revoking a license include being finally convicted under the laws of Texas another state, or the United States of an offense that is a misdemeanor involving moral turpitude or a felony; going bankrupt; being declared mentally incompetent; soliciting bonding business in a building in which prisoners are processed or confined; recommending to a client the employment of a particular attorney or law firm in a criminal case; or misrepresenting the amount for which the license holder may execute a bail bond for purposes of obtaining the release of a person on bond.
A person in the bonding business may not directly or indirectly give, donate, lend, or contribute, or promise to give, donate, lend, or contribute, money or property to an attorney, police officer, sheriff, deputy, constable, jailer, or employee of a law enforcement agency for the referral of bonding business.
A person may not accept or receive from a license holder money, property, or any other thing of value as payment for the referral of bonding business.
Public officials are prohibited from recommending a bail bondsman. A bail bond surety or an agent of a bail bond surety may not receive money or other consideration or thing of value from a person for whom the bail bond surety executes a bond unless the bail bond surety or agent issues a receipt to the person. A board may regulate solicitations or advertisements by or on behalf of bail bond sureties to protect the public from harassment fraud misrepresentation; or threats to public safety.
A bail bond surety may not make, cause to be made, or benefit from unsolicited contact through any means, including in person, by telephone, by electronic methods, or in writing. A board shall post in each court having criminal jurisdiction in the county, and shall provide to each local official responsible for the detention of prisoners in the county, a current list of each licensed bail bond surety and each licensed agent of a corporate surety in the county.
A list of each licensed bail bond surety and each licensed agent of a corporate surety in a county must also be displayed at each location where prisoners are examined, processed, or confined.
Click here to read full Daily Tribune Article
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