South Carolina 19-08 Surety Insurance Producer; Limited LinesAll Surety Bonds in the state of South Carolina are formed through three-party contracts. A three-party contract in terms of insurance includes the following parties: principal, surety, and obligee. These parties all serve significant purpose as a means for surety bond performance. There are four significant subgroups to surety bonds in South Carolina. These four types of commercial surety bonds include: construction bonds, public official bonds, judicial bonds, and fiduciary bonds. Under the scope of commercial surety bonds these four subcategories all serve the same purpose. The purpose of commercial surety bond is to guarantee the future action or compliance by a given party. In the case of surety bonds the party for which is bound to complete a future action or maintain future compliance may be considered the principal. The principal must seek out a commercial institution licensed in the state of South Carolina to provide commercial surety bonds. This licensed institution is known as the surety. The surety places financial security, surety bond, in order to guarantee that the principal will faithfully carry out their future action, and comply with the regulations set forth in obtaining the surety bond. The final party to a commercial surety bond is the obligee. The obligee is the party in a surety bond whom is protected from loss and is guaranteed future action or compliance. In simple terms the principal is obligated to faithfully comply and follow through with all future actions designated by the obligee, and guaranteed by the surety. South Carolina Surety Bail BondsmanIn the scope of bail bonds commercial surety bonds may be further broken down, and explained as pertaining to the judicial community. Bail bonds are utilized to guarantee the future action of court appearance by guaranteeing defendant appearance through a monetary obligation to the court of competent jurisdiction. A defendant is a person accused of committing a crime pending the outcome of a trial. In terms of commercial surety bonds the defendant may be considered the principal, or the party to the contract whom wishes to assume a surety bond. A defendant may wish to assume a surety bond in order to gain their release from custody pending trial. A defendant may seek a bail bondsman in an effort to gain release pending trial. In terms of a commercial surety bond the bail bondsman may be considered the surety. The surety guarantees a monetary sum to the court of competent jurisdiction in order to ensure the future court appearance of the principal (defendant). Due to the court receiving the guarantee of court appearance they may be considered the obligee, or the party to the contract whom is guaranteed action and protected monetarily from future loss.
Three parties to a surety bail bond contract: Principal=Defendant Surety= Bail Bondsman Obligee= Court of competent jurisdiction South Carolina Bail Agents Academy Donald F. Mescia III 843-851-2245 dmbail@outlook.com
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A major key to success can be found in the process of education and experience. It takes both components to be successful in life’s pursuits, and as a result we must continue to learn from one another in order to strengthen as a whole. I have grown up in the bail bond industry, and have been a practicing bail bondsman since 2011. Through my time as a bail bondsman I have also had the opportunity to graduate Cum Laude from the University of South Carolina Beaufort (B.A. Sociology) and graduate High Distinction from Liberty University (M.S. Criminal Justice/Public Administration). The education and experience I have gained led me in the pursuit of forming South Carolina Bail Agents Academy. This academy has been formed to provide the South Carolina required 30hr pre-licensing bail bond education. The goal of South Carolina Bail Agents Academy is to provide prospective bail bondsman in South Carolina the educational, and practical experience necessary to advance the bail bond industry for the future to come.
The bail bond industry has recently become a major topic of concern throughout the judicial community on a national scale. These concerns have had little impact on our industry in the state of South Carolina until recent when the MacArthur foundation awarded Charleston County significant funds for criminal justice reform. This criminal justice reform is significantly aimed at jail population by implementing government run pretrial release services. These changes are due to take place in early 2017. This is a program that will have a detrimental effect on the bail bond industry we all rely on to provide for our families. It is essential for all bondsman in the state of South Carolina to unite in the fight to maintain our industry for the future to come. South Carolina Bail Agents Academy was formed to ensure a successful future for our industry! In response to the criminal justice trends in our industry it has never been more important for all South Carolina Bail Agents to stick together for the betterment and future success of our industry. South Carolina Bail Agents Academy looks to have a strong relationship with the South Carolina Bail Agents Association and all members. In working to promote the continued success of this association in the battle to maintain and progress the bail bond industry for our future; South Carolina Bail Agents Academy will donate 10% of each class registration fee to the South Carolina Bail Agents Association if mentioned at the time of registration. The unification and support of all bail agents will ensure that the South Carolina bail bond industry will be successful for generations to come! South Carolina Bail Agents Academy Donald F. Mescia III, President. “Turning bail bond theory into practice across the state of South Carolina” www.facebook.com/scbailacademy dmbail@outlook.com 843-542-2600 Step 1
Take the state mandated 30hr professional bail bondsman, surety bail bondsman, and runner course: Step 2 Register for the state mandated InsSC-BB16: SC Professional Bail Bondsman/Runner
Step 3 Self-study or register for the Property, Casualty, Surety & Marine Insurance Producer course *If self-study materials have been purchased, returning to live instruction course will be the difference in course prices. That's our risk free guarantee, you will never pay more than our live instruction course price! Step 4 Register for the state mandated InsSC-PCSM04: SC Producer Property, Casualty, Surety & Marine Insurance
Step 5 Register for fingerprinting:
Step 6 Have a passport size photograph taken:
Step 7 Apply for your South Carolina Property, Casualty, Surety & Marine Insurance Producer license:
Step 8 Once you receive your Insurance Producer license you may apply for your surety bondsman license.
Step 9 Wait on the SCDOI to process your application, you will receive confirmation of your acceptance or denial to the email address you have provided! Additional Info: *Professional Bondsman and Runners may skip step 3 & 4 **Take the guesswork out of the application process and book a one-on-one consultation: 4 Types of Bail Bondsman in South Carolina
A South Carolina bail bondsman is a designated agent licensed by the South Carolina Department of Insurance whom pledges consideration to the state of South Carolina in order to ensure the successful completion of a criminal defendants appearance to all court dates required by the court of competent jurisdiction pending the resolution of a criminal accusation. The state of South Carolina designates four types of bail bondsman as outlined in Chapter 38 Subsection 53 of the South Carolina Code of Laws. These types of bondsman will be listed as follows:
In response to a recent and continuing topic of “no money bail” and the Department of Justices new social justice system to limit pre-trial bail, I ask WHY? The DOJ wants to put an end to pre-trial bail. The current White House administration has been embracing the get soft on crime hug a thug mentality. The amendment referenced to accomplish this travesty is the 14th amendment.
The 14th amendment is for equal protection! Does equal protection only apply to a person accused of violating a law and committing a crime? What about the victim? The person who endures a violent or real or personal property crime. The 14th amendment requires states guarantee the same rights, privileges and protections to all citizens. Equal protection of the law is the right of all persons to have the same access to the law and courts and to be treated equally by the law and courts. Do we really believe that law enforcement officers make arrests based on income? I would hope not, the same way I would hope that law enforcement in the future would not have to. The US census states that the current population is 324,443,202, which BJS states that 0.91% of the adult population is incarcerated. This is the percentage of people that the DOJ under the equal protection clause is focusing on as the court refused to extend to welfare, housing or education to all citizens. The current administration is more focused on incarcerated defendants who have violated the law. The other 99.09 % of law-abiding citizens are being excluded under equal protection. BJS has admitted that the jail incarceration levels have been declining each year since 2007. The no money bail is the latest step by the Obama administration in encouraging the state courts to move away from bail. We have a system of bail for a reason. It is part of the 8th amendment of the US constitution, which requires that bail shall not be “excessive “ (higher than is reasonable to assure the defendants appearance). Bail is not meant, as a form of release alone the main objective of bail is to guarantee the state that the defendant will be present for all future court appearances and the court of jurisdiction will be able to try the defendant bringing fourth a disposition and allowing the victim of the crime closure. Without requiring a defendant to post bail there is less incentive to show up for a court date. Then we have overwhelming amounts of bench warrants which law enforcement will never have the time to clear up. The current bail system allows for cash bail, accommodation bail, percentage bail, property bail, personal promise to appear or commercial surety. The latest commercial surety also known as bail bondsman or bail agents have consistently out performed all other forms of release, this form of release has no tax consequence to the taxpayer and puts all financial responsibility on them. The new idea to sell on the 99.09% of law-abiding citizens is a taxpayer program called pretrial services. This program is to do a scientific evaluation on each defendant that is incarcerated. The system scores each defendant and then recommends to the court (judge) already paid a super visional advisement and conditions to be imposed to reach a disposition of a court case. The taxpayer funds this program with no financial burden falling back on the PTR representative. The victim pays for the release of the defendant who broke the law against them. The constitution? What about 1987 when the Supreme Court held that the only limitation imposed in the bail clause is that “ the government’s proposed condition of release not be excessive.” This is a constitutional argument (ADDITIONAL LAW SUITS) By the public defenders office for defendants being released through these programs with ankle monitoring, drug tests or other programs. The referenced requirements of GPS, drug/alcohol testing, and various programs required pre conviction for accused defendants (a possible violation of constitutional rights) prior to sentencing. This is the plan to benefit these defendants at taxpayer expense? In addition to pre conviction requirements possibly being unconstitutional for the punishment of defendants prior to conviction, these supervision methods often place a greater financial burden on both the public and low income defendant than posting bail. The 6th amendment states in all criminal prosecutions the accused shall enjoy: Speedy trial, information on nature and cause of accusation, be confronted with the witness against them, process for obtaining witness in favor of them and has assistance of council for defense. Earnings and assets by each state limit the applying for and defense by the public defenders office. Why is this? Barry J. Pollack, president of the National Association of Defense lawyers applauds the efforts of the DOJ and current administration for no cash bail requirement. I wonder if he would applaud the same for the no cash lawyers required for the financially secure defendant. The 9th amendment was set up to keep government from expanding power. The fact that the expansion of power is for such a low percent of US citizens leaves the question of WHY? The role of government is better served to look into rehabilitative treatment based programs for those post-conviction defendants whom are found guilty of the accused offense. Post-conviction programs uphold an individual’s constitutional right as not being punished prior to conviction, while alleviating the monetary burden from the taxpayer for pretrial service programs. The bail process may not be perfect but it is not to blame. The courts must take a more active role in moving cases and prosecuting defendants in a timely manner. The court after conviction may require a program to benefit the defendant if the defendant truly embraces it. The addict may then get help for the addiction opposed to incarceration. Health professionals in secured facilities should treat the mentally ill. The violent offender should be locked away in a correctional facility. Monetary bail is not the problem merely the tool that assists in guaranteeing this result the most effective way. Don Mescia The criminal justice community typically recognizes a bail bond as a means for releasing a defendant from custody pre-trial. This assumption is correct in that a byproduct of posting bail is that the defendant is released from custody. However, the bail is posted for an entirely different purpose. In its simplest form a bail agent will act as surety in behalf of the defendant for a 10% premium based on the aggregate amount of bail set by a magistrate judge. Most people believe the bail agent is paid simply to gain the release of a loved one from custody. This could not be further from the truth. Bail is posted in order to secure the appearance of the defendant at future dates as required by the court of competent jurisdiction. Bail is accepted by the state as a financial risk pledged by the bail agent ensuring the defendant appears at each court date required until disposition. For example, a magistrate judge deems a $10,000 bond necessary to ensure the appearance at future court dates for a defendant. Should the surety deem the defendant desirable risk they may post bail for this individual. The bail agent would typically charge $1,000 premium, and require a family member to sign indemnification paperwork to guarantee the defendants appearance. The surety would then post a bail bond with the court of competent jurisdiction; in turn securing the release of the defendant pre-trial. Now that the defendant has been released the bail bond agent is financially responsible for the defendants competent fulfillment of the contract (appearance at all required court dates). If the defendant fails to appear in court the bail bond agent now has two options.
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AuthorDonald F. Mescia III Archives
May 2024
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