North Carolina Bail Bonds Practice Exam

If a defendant physically hides from the surety, what action can the bondsman take?

1. Sue the defendant

2. Surrender the defendant without ROP

3. File for maximum bond amount

4. Notify a local attorney

The correct answer is: Surrender the defendant without ROP

When a defendant physically hides from the surety, the bondsman has specific rights and responsibilities in relation to the bond agreement. The correct action the bondsman can take is to surrender the defendant without the right of possession (ROP). This action is often necessary because the bondsman has guaranteed the court that the defendant will appear for their scheduled court dates. If the defendant is actively avoiding the bondsman, it indicates a breach of the bond agreement. By surrendering the defendant, the bondsman is effectively terminating their responsibility to guarantee the defendant's appearance in court. This process allows the bondsman to retrieve the collateral or bond amount posted and limits further liability. This step is crucial in protecting both the bondsman's financial interests and ensuring compliance with legal obligations regarding the surety bond. Other options, while potentially viable in different contexts, do not address the immediate need to manage the situation created by the defendant's flight. For instance, suing the defendant may take time and may not lead to a quick resolution, filing for a maximum bond amount doesn't rectify the situation of a missing defendant, and notifying a local attorney does not resolve the need for the bondsman to act based on their contractual obligations. Thus, surrendering the defendant is the most direct and appropriate course