Code of Ethics
Section 1 - RELATIONS WITH OUR CLIENTS
In justice to those who place their faith and interests in our care, our bail agents should endeavor constantly to be informed regarding current laws, proposed legislation, governmental orders or regulations, and other significant information and public policies which may effect the interests of our client.
Our bail agents should make it a constant practice to provide full and complete disclosure to all parties, be they principal or indemnitor, of any and all possible liabilities, penalties or detriments which may arise from their involvement in that particular undertaking which secures the release from custody of a person who is charged with a criminal offense.
Our bail agents should not, prior to forfeiture or breach, arrest or surrender any principal and thereby terminate his or her release from governmental custody unless the agent can materially show good cause for such action, such good cause reasonably taking the form of judicial action, information concealed or misrepresented, or the renunciation of an indemnitor or the principal, any of which may be considered material to the risk assumed by the bail agent.
Our bail agents, upon receipt of notice of forfeiture or breach where notice is required, or upon personal knowledge of forfeiture or breach, should promptly and formally notify any and all indemnitors and real parties of interest of the forfeiture or breach by the principal, and the bail agent should at that time concisely state the liability thereby incurred or pending.
Our bail agents should supply all indemnitors to an undertaking of bail (i.e. bail bond) with a true copy of any document representing a binding legal contract to which she or he is committed.
When an examination of the material factors of a potential bail undertaking reasonably convinces the bail agent that she or he will be unable to underwrite that particular bail relationship, the bail agent should immediately inform all involved parties that she or he will not be able to secure the release of the defendant so that the defendant or his or her affiliates may promptly seek his or her release by another means.
Every bail agent should comply in full with the laws and regulations governing the transaction of bail in the State of California. Such compliance must include those matters dealing with the trust and fiduciary relationship as it relates to monies and properties which may secure a bail undertaking. The highest moral and ethical practice should be maintained when entering into a trust or fiduciary relationship.
Section 2 - RELATIONS WITH THE GENERAL PUBLIC
Our bail agents should keep informed as trends in the criminal justice system in our local community, state and the nation, so that they may be able to constructively contribute to public thinking on matters of legislation, expenditures, public safety, and other questions dealing with the welfare of the general public. The bail agent shall strive to find more effective means of fighting crime.
It is the paramount duty of our bail agents to protect the general public against misrepresentations or unethical business practices in the bail industry. Agents should endeavor to eliminate in their community, practices which could be damaging to the public or to the dignity and integrity of the bail industry. The bail agent should assist any regulatory agency or business practices review board charged with regulating the practices of members of the industry.
Our bail agents should not, except as provided by law, engage in activities that constitute the practice of law, and should refrain from making comments and representations which may lead the public to believe that our bail agent is practicing law.
Section 3 - RELATIONS WITH THE GOVERNMENT SECTOR
Our bail agent, with due regard for the special position of responsibility and trust in which the profession places a agent, should assist and cooperate with the judiciary, law enforcement agencies and public prosecutors in the orderly administration of justice, so long as such assistance or cooperation does not compromise the honesty and integrity of our bail agents or of the public officer.
Unless compelled to do so by law or by court order, our bail agent should not divulge or disclose to any person or agency personal information regarding the principal or indemnitor of any undertaking which has not been forfeited or breached. The inherent right to privacy of the individual, and the position of trust of our bail agent, demand compliance with this concept.
The bail agent should make great efforts to verify and confirm any information which s/he may give to a court, law enforcement agency, or any other public agency, and a failure to do so, or an intentional misrepresentation of a fact to any one of the entities must be construed as a breach of the fundamental relationship of trust between the bail agent and the governmental sector.
Section 4 - RELATIONS WITH FELLOW BAIL AGENTS
Our bail agents shall not conspire with other bail agents or companies to regulate rates or restrict trade within the bail profession.
Our bail agents should so conduct business as to avoid controversies and conflicts with fellow bail agents, and should not voluntarily disparage the business practice of a competitor, nor volunteer an opinion of a competitor’s transaction. If our bail agent’s opinion is sought, it should be rendered with strict professional integrity and courtesy.
Our bail agent should seek no unfair advantage over fellow bail agents, and should willingly share with them the lessons of experience and study. Our agents should also inform fellow bail agents of established hazards involving a prospective client if such hazards truly exist.
If our bail agent is charged with unethical business practices by a government regulatory agency, or by a grievance committee comprised of his or her peers, the agent should place all pertinent facts and rebuttal before the accusatory body promptly and voluntarily for investigation and judgment.
Our bail agent should constantly strive for the highest degree of professionalism attainable, and this should be expected and demanded from all bail agents by all those persons involved in the bail industry, regardless of position.
Our bail agents should make extensive effort to support, contribute to, and participate in local, statewide and national bail associations whose goals are to preserve and enhance the integrity, quality and honor of the bail industry.
The articles of this Code of Ethics are combined to guarantee high integrity and dignified professionalism from those who adhere to the principles of business and moral conduct outlined within. No inducement of profit nor instructions from clients nor outside parties can ever justify departure from these principles or from the injunction of this Code of Ethics.