North Carolina Bail Bonds Practice Exam

What should a surety do if a defendant fails to appear in court?

1. Maintain communication with the defendant

2. Seek legal counsel

3. Notify the court of the forfeiture

4. Wait for the next court date

The correct answer is: Notify the court of the forfeiture

When a defendant fails to appear in court, the surety has specific obligations they must fulfill. Notifying the court of the forfeiture is a crucial step in the bail bond process. This action allows the court to formally acknowledge that the defendant has not complied with the terms of their release, which can lead to the forfeiture of the bail amount that was posted. By notifying the court, the surety ensures that legal proceedings can begin regarding the forfeited bail. This step might also include the possibility of the surety being required to pay the bond amount unless they can locate the defendant or rectify the situation through other means. Taking this action is essential for protecting the surety's financial interests and adhering to legal protocols set by the court system. Maintaining communication with the defendant or waiting for the next court date, while potentially beneficial in certain contexts, does not address the immediate legal obligation following a failure to appear. Seeking legal counsel is a good practice in many scenarios but is not the direct action required in response to a defendant's failure to appear in court. Thus, notifying the court appropriately reflects the responsibilities of a surety in this situation.