4.3 Prohibited Activities: Detention Facilities, Solicitation, Client Conduct and Bond Limits
Key Takeaways
A WV bondsman may enter a jail or other place of detention to seek bail business only after being called by the detainee, a relative or another authorized person (W.Va. Code §51-10-7; 114CSR103-5.8).
A West Virginia bondsman is prohibited from initiating contact with people who have pending arrest warrants to solicit business (114CSR103-5.7).
A WV bondsman may not have or attempt a personal relationship with a person bonded while the bond is posted, and this cannot be waived (114CSR103-5.6).
Police, judicial officials, attorneys, jailers and court clerks may not be sureties on any bail bond, except for a spouse, parent, sibling, child, grandchild or dependent (114CSR103-5.11).
A bondsman may not sign or countersign bail bonds in blank, or let anyone but a licensed bondsman countersign his or her name (114CSR103-5.12).
This section completes item IV.B. These prohibitions control how a bondsman meets clients (jails, warrants, lists), how he or she treats them (relationships, favors), and how bonds are written (limits, blank bonds, who may be a surety).
Lists in places of detention: §51-10-6 and §51-10-8(h)
- §51-10-6: an alphabetical list of bondsmen is posted in a conspicuous place in each police precinct, jail, prisoner's dock, house of detention, municipal court and justice of the peace court in the county.
- When a detainee asks for a bondsman's name, or to be put in touch with one, the person in charge gives the list. Within a reasonable time, the person in charge puts the detainee in touch with the bondsman the detainee selects.
- The person in charge records in the blotter: who asked, the charge, the time, the bondsman requested, and who called the bondsman. This is kept as a permanent record.
- §51-10-8(h): the Commissioner keeps the list of licensed bondsmen and furnishes an alphabetical list to a place of detention on request. OIC guidance says the list may show the counties each bondsman prefers.
The detainee chooses the bondsman. Jail staff may not steer the choice, and §51-10-3 forbids paying them to do so (section 4.2).
Entering a jail: §51-10-7 and 114CSR103-5.8
A bondsman, agent, clerk or representative may not enter a police precinct, jail, prison, court, prisoner's dock, house of detention or other place of detention to obtain employment as a bondsman unless previously called by:
- the person detained; or
- a relative or other authorized person acting for the detainee.
On entering, the bondsman must immediately identify the purpose of the visit and the name of the person who called. Under §51-10-7, the person in charge records this and keeps it as a public record. Failing to give the information, or the facility failing to record it, is itself a violation of the article.
No soliciting people with warrants: 114CSR103-5.7
A bondsman is prohibited from initiating contact with persons for whom arrest warrants are pending for the purpose of soliciting business. Searching warrant lists and calling the people named to offer a bond is forbidden.
Personal relationships and favors: 114CSR103-5.6
- A bondsman shall not have or attempt to have a personal relationship, including but not limited to a sexual relationship, with any person for whom the bondsman has posted a bond, while the bond is posted, whether or not consensual.
- A bondsman may not accept, or try to obtain, any personal service, favor or nonmonetary item in lieu of payment for a bond.
- This subsection cannot be waived by anyone under any circumstances.
Single-bond limit: 114CSR103-5.9
No single bond may obligate the bondsman for more than one-half of the bondsman's maximum bonding authority. For example, maximum authority of $400,000 caps any single bond at $200,000 (section 2.3 shows how deposits set authority).
No impersonating officials: 114CSR103-5.10
A bondsman, agent, clerk or representative shall not impersonate a law-enforcement officer or falsely claim a connection with any federal, state or local government agency. Clothing, badges, vehicle markings or language suggesting police authority create this risk.
Officials may not be sureties: 114CSR103-5.11
No police officer, sheriff, deputy sheriff, other law-enforcement officer, judicial official, attorney, parole officer, probation officer, jailer, clerk or other attaché of a criminal court may:
- become surety on a bail bond for any person;
- act as an agent, clerk or representative for any bondsman or bail business; or
- have any direct or indirect interest in the financial affairs of a firm or corporation whose principal business is bail bonding.
Family exception: such a person may be surety on the bond of his or her spouse, parent, brother, sister, child, grandchild or dependent.
Blank bonds and countersigning: 114CSR103-5.12
A bondsman shall not sign or countersign bail bonds in blank. Nor may a bondsman give a power of attorney to, or otherwise authorize, anyone to countersign his or her name unless that person is a licensed bondsman.
Agreements before posting: 114CSR103-11.1.16
Not technically in section 5, but closely tested: posting a bond without first obtaining a written or oral agreement with the defendant or cosigner is a ground for suspension or revocation.
Prohibited-conduct summary
| Prohibited | Rule or statute |
|---|---|
| Kickbacks to or from officials | §51-10-3; 5.3 |
| Charges other than the bonding fee | §51-10-5; 5.2 |
| Case-fixing | §51-10-5; 5.4 |
| Steering clients to attorneys; fee-splitting | §51-10-4; 5.5 |
| Personal relationships; favors instead of payment | 5.6 |
| Soliciting people with pending warrants | 5.7 |
| Entering detention without being called | §51-10-7; 5.8 |
| Single bond above half of maximum authority | 5.9 |
| Impersonating law enforcement | 5.10 |
| Officials as sureties, agents or investors | 5.11 |
| Blank bonds; unlicensed countersigners | 5.12 |
Every item is a suspension and revocation ground (11.1.17).
Exam traps
- "Previously called" by the detainee, a relative or an authorized person. A bondsman cannot walk in to look for business.
- Identify immediately your purpose and who called you.
- Relationship ban runs while the bond is posted, consensual or not, and cannot be waived.
- The family exception is for officials as sureties, not for bondsmen's relationships.
A bondsman walks into a county jail to hand out business cards to new arrestees, although no one called him. Which provision does this violate?
§51-10-7 and 114CSR103-5.8 (entering places of detention)
114CSR103-7.2 on prenumbered, consecutive collateral receipts for each bond
W.Va. Code §51-10-5a on the minimum bonding fee
114CSR103-15.3 on quarterly liability reports
A magistrate court clerk wants to post a bail bond for her own son. Under 114CSR103-5.11, may she act as surety?
No, because court clerks may never be sureties for anyone
Yes, but only after obtaining a professional bondsman license
No, unless the chief judge of the circuit approves it in writing
Yes, because the rule allows such officials to be surety for a child
A bondsman suggests that a defendant could do yard work at the bondsman's home instead of paying the bonding fee. Under 114CSR103-5.6, what is the status of this offer?
It is allowed if the defendant agrees in a signed writing
It is prohibited, and the prohibition cannot be waived by anyone
It is allowed if the work is valued at 10% of the bond
It is allowed after the defendant's first court appearance
Sections you finish are checked off in the contents.