58-71-95. Prohibited practices.
No bail bondsman or runner shall:
(1) Pay a fee or rebate or give or promise anything of value, directly or indirectly, to a jailer, law-enforcement officer, committing magistrate, or any other person who has power to arrest or hold in custody, or to any public official or public employee in order to secure a settlement, compromise, remission or reduction of the amount of any bail bond or the forfeiture thereof, including the payment to law-enforcement officers, directly or indirectly, for the arrest or apprehension of a principal or principals who have caused or will cause a forfeiture.
(2) Pay a fee or rebate or give anything of value to an attorney in bail bond matters, except in defense of any action on a bond.
(3) Pay a fee or rebate or give or promise anything of value to the principal or anyone in his behalf.
(4) Participate in the capacity of an attorney at a trial or hearing of one on whose bond he is surety, nor suggest or advise the employment of, or name for employment any particular attorney to represent his principal.
(5) Accept anything of value from a principal or from anyone on behalf of a principal except the premium, which shall not exceed fifteen percent (15%) of the face amount of the bond; provided that the bondsman shall be permitted to accept collateral security or other indemnity from a principal or from anyone on behalf of a principal. Such collateral security or other indemnity required by the bondsman must be reasonable in relation to the amount of the bond and shall be returned within 15 days after final termination of liability on the bond. Any bail bondsman who knowingly and willfully fails to return any collateral security, the value of which exceeds one thousand five hundred dollars ($1,500), is guilty of a Class I felony. All collateral security, such as personal and real property, subject to be returned must be done so under the same conditions as requested and received by the bail bondsman.
(6) Solicit business in any of the courts or on the premises of any of the courts of this State, in the office of any magistrate and in or about any place where prisoners are confined. Loitering in or about a magistrate's office or any place where prisoners are confined shall be prima facie evidence of soliciting.
(7) Advise or assist the principal for the purpose of forfeiting bond.
(8) Impersonate a law-enforcement officer.
(9) Falsely represent that the bail bondsman or runner is in any way connected with an agency of the federal government or of a state or local government. (1963, c. 1225, s. 20; 1975, c. 619, s. 1; 1993, c. 409, s. 18; 1995 (Reg. Sess., 1996), c. 726, s. 16; 1998-211, s. 31; 2000-180, s. 5; 2015-180, s. 2.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 71 - Bail Bondsmen and Runners.
§ 58-71-15 - Qualifications of sureties on bail.
§ 58-71-16 - No return of premium; bond reduction.
§ 58-71-20 - Surrender of defendant by surety; when premium need not be returned.
§ 58-71-25 - Procedure for surrender.
§ 58-71-30 - Arrest of defendant for purpose of surrender.
§ 58-71-35 - Forfeiture of bail.
§ 58-71-40 - Bail bondsmen and runners to be qualified and licensed; license applications generally.
§ 58-71-41 - First-year licensees; limitations.
§ 58-71-45 - Terms of licenses.
§ 58-71-50 - Qualification for bail bondsmen and runners.
§ 58-71-51 - Criminal history record checks.
§ 58-71-65 - Contents of application for runner's license; endorsement by professional bondsman.
§ 58-71-70 - Examination; fees.
§ 58-71-71 - Examination; educational requirements; penalties.
§ 58-71-72 - Qualifications of instructors.
§ 58-71-75 - License renewal; criminal history record checks; renewal fees.
§ 58-71-80 - Grounds for denial, suspension, probation, revocation, or nonrenewal of licenses.
§ 58-71-81 - Notice of receivership.
§ 58-71-82 - Dual license holding.
§ 58-71-85 - License sanction and denial procedures.
§ 58-71-95 - Prohibited practices.
§ 58-71-100 - Receipts for collateral; trust accounts.
§ 58-71-105 - Persons prohibited from becoming surety or runners.
§ 58-71-120 - Bail bondsman to give notice of discontinuance of business; cancellation of license.
§ 58-71-121 - Death, incapacitation, or incompetence of a bail bondsman.
§ 58-71-122 - Transfer of business by bail bondsman.
§ 58-71-130 - Substituting bail by sureties for deposit.
§ 58-71-140 - Registration of licenses and power of appointments by insurers.
§ 58-71-141 - Appointment of bail bondsmen; affidavit required.
§ 58-71-145 - Financial responsibility of professional bondsmen.
§ 58-71-151 - Securities held in trust by Commissioner; authority to dispose of same.
§ 58-71-155 - Bondsman to furnish power of attorney with securities.
§ 58-71-160 - Security deposit to be maintained.
§ 58-71-165 - Report required.
§ 58-71-167 - Portion of bond premium payments deferred.
§ 58-71-168 - Records to be maintained.
§ 58-71-175 - Limit on principal amount of bond to be written by professional bondsman.
§ 58-71-180 - Disposition of fees.
§ 58-71-185 - Penalties for violations.
§ 58-71-190 - Duplication of regulation forbidden.
§ 58-71-195 - Conflicting laws.
§ 58-71-200 - Bondsman access to criminal and civil records.