One question that we get asked quite often at Amistad is if the premium charged will be returned if the defendant needs to be surrendered for any reason. While the premium may be returned in some rare circumstances, this is typically not the case unless the situation does not fall under one of the 7 most common reasons why defendants may be surrendered in the first place. While each case is handled on an individual basis, these main reasons for surrendering a defendant are the most common, and these reasons are:
- Willfully fails to make a premium payment – Under the agreement specified in GS 58-71-167, premium payments are to be made on schedule as determined by the bail bondsman and the defendant, and if this agreement is not met, the defendant may be surrendered back to the court with the premium held.
- Changes in address – A change in address without notifying us at Amistad may cause us to have to surrender the defendant back to the courts without the return of your premium.
- Hides from surety – Because a bail bond is taken as an agreement to appear in court, hiding from the surety can cause the defendant to be surrendered with the premium amount not being returned.
- Leaving state without permission – Before leaving the state, the defendant must gain permission from the surety in order to avoid losing their premium and being surrendered. At Amistad, we understand that circumstances may cause the defendant to have to leave the state for many reasons, but we request permission be granted by the surety first.
- Violation of court orders – Court order violations of any kind can cause the defendant to be surrendered without the premium being returned. As part of the bail bond agreement, the defendant also agrees to follow any orders put into place by the court.
- Providing false information – If false information is provided regarding a previous felony, any failures to appear in court, or any other pending charges, the defendant may be surrendered with the premium kept.
- Providing the surety with false identity information – Providing the surety with false identity information, such as an alias or fake name, can cause the defendant to be surrendered without a premium return.
If a particular situation falls outside of these 7 circumstances, and the defendant is still surrendered, a person may be eligible to have their premium returned, but it will depend on the circumstances involved in a particular case. To learn more about these situations, and defendant surrendering, contact us at Amistad today.