Know Your Situation – Premium Retention in the Event of Surrender
When a client hires us, we here at Amistad Bail and Immigration Bonds want and expect the experience to go smoothly. There are times, however, when the circumstances do not end ideally. In an effort to keep our clients educated and aware of their rights, we want to outline the situations where Amistad Bail and Immigration Bonds will keep the premium paid though the defendant is returned to the authorities.
We often get inquires about these types of situations. If we feel the defendant is at risk for fleeing the bond but has not yet missed a court date, we may surrender the individual back to the authorities. Under such a circumstance, we are obligated by law to return the premium paid to us. There are many other bondsmen who will retain the premium because their clients are not aware of the statutes. We know the fine print can be too much to take in. You can trust us to follow the guidelines lawfully.
For your and our protection, we are listing below the 7 reasons why we would return a defendant to the authorities AND retain the premium.
At any time before there has been a breach of the undertaking in any type of bail or fine and cash bond, we may surrender the defendant to the sheriff of the county in which the defendant is bonded to appear or to the sheriff where the defendant was bonded. In such a case, the full premium shall be returned within 72 hours after the surrender. The defendant may be surrendered without the return of premium for the bond if the defendant does any of the following:
- Willfully fails to pay the premium to us or willfully fails to make a premium payment under the agreement specified in G.S. 58-71-167.
- Changes his or her address without notifying us before the address change.
- Physically hides from us.
- Leaves the State without our permission.
- Violates any order of the court.
- Fails to disclose information or provides false information regarding any failure to appear in court, any previous felony convictions within the past 10 years, or any charges pending in any State or federal court.
- Knowingly provides us with incorrect personal identification, or uses a false name or alias.
Please give us a call to discuss your options. We’re here to answer your questions and offer guidance. For a free consultation, reach out to us at (919) 790-6887.