Arkansas Professional Bail Bondsman License Application(s) Module 1
Bail Bond License Application Problems Many things have changed in the licensing process since the inception of a beginning education required class to meet the State Mandated requirement for 8 hours of education. It doesn t matter how small or large the change; it could still affect you as a bondsman in the future. Always remember what was in the past can and will change in the future. Some of you will decide do I want to own a bail bond company or do I remain a bail bond agent? What am I more comfortable with?
What are some of the key things we need to address about beginning education and the future of licensed bail bond agents in Arkansas? First, the initial application(s) for potential agents: Where do most applicants fail to obtain their license when submitting their completed application to the Arkansas Professional Bail Bond Licensing Board? What can be done by the company owners and its agents responsible for the hiring of new or past agents? How can we prevent the number of license denials by the Board?
What are some of the key things we need to address about beginning and continuing education and the future of licensed bail bond agents in Arkansas? Response: The application is simple in nature. The problem that we find is that the individual or individuals filling out the application can t answer simple questions. The questions are not designed to be tricky they simply ask for direct responses. They also ask for documentation to support your answer. What is hard about that? Before the applications are submitted the company owners or HR for the company should review the applications and second time and ask each potential agent to make sure everything has been disclosed.
The initial and renewal application(s) for potential agents: Where do most applicants fail to obtain their license when submitting their completed application to the Arkansas Professional Bail Bond Licensing Board? Response: The APBBLB believes that all applications should be carefully reviewed prior to submitting to them for approval. They believe that full disclosure is the only response to their questions provided on the application. The simplest error could cause a potential bail bond agent or existing agent not to get his/her license and an appeal would be required. A key thought for everyone to remember: If you as an individual, or potential new agents for your company were arrested as a juvenile it may or may not show up on your criminal background check. Be sure to list it anyways. If it doesn t then you are safe. If it does, and you can t get copies because it was sealed your safe as long as you divulge it. If you have an FTA on a traffic ticket, or a hot check, or failure to pay fines that you paid off make sure you list it. That is a criminal offense and will show up on your background check. These could also apply to licensed bail bondsman seeking renewal as well. Read your applications completely prior to filling them out. Then go back and fill out each section as prompted. If it asks about arrests or being a defendant think back don t just answer NO and go on. It may be a little thing from the past that cost you an initial or renewal license.
What can be done by the company owners and its agents responsible for the hiring of new or past agents? Response: Company owners only want the best agents possible. Most company owners will review the applications and tell the individual are you disclosing everything? At this point it is the integrity of the individual that must step up and take blame for any misrepresentation that may occur from lack of response or simple put I forgot about that? I didn t know I had to list that (juvenile offenses)? They told me it was sealed? Everyone must physically check to see if it has been sealed and provide copies even if it is in another state.
How can we prevent the number of license denials by the Board? Response: In this business when acquiring a bail bond license whether it s an initial or renewal; you must be willing to become an open book. The only answer to this question is FULL DISCLOSURE OF THE PAST, PRESENT, and FUTURE.
Arrest (Types of and legal Definition) Arkansas recognizes 7 types or forms of arrest. They will be addressed individually.
Arrest The Intentional deprivation, whether actual or constructive, of a person(s) freedom by legal authorities using forcible restraint, seizure, or otherwise taking the individual into custody, especially in response to a warrant or a suspicion based on probable cause that the person being arrested has committed a crime. The person making the arrest must have the present power to control the person being arrested. Furthermore, the intent to make an arrest must be communicated to the individual who is being detained and that person must understand that the seizure or detention is an intentional arrest. Note also: privilege and resisting arrest
Citizens Arrest An arrest made by a private individual rather than by a law enforcement officer. Such arrests are lawful only if 1) an offense was committed in the presence of the person making the arrest, or 2) the person making the arrest has reasonable cause to believe that the person arrested has committed a felony.
False Arrest An arrest made by a person who falsely claims to be a law enforcement officer or by a law enforcement officer who has no legal grounds for making an arrest. Also see false imprisonment
Malicious Arrest: An arrest made without probable cause and for an improper purpose. An arrest made with knowledge that the person arrested did not commit the crime he/she is charged with. Also see Malicious Prosecution
Parol Arrest: An arrest ordered by a judge or magistrate while presiding over a court proceeding. Such an arrest is done without a written complaint and is executed immediately, for example, an arrest of a person in a courtroom who has been found in contempt of court.
Pre-textual Arrest A valid arrest made for a minor offense with the intent to hold the person in custody while investigating his/her involvement in a more serious offense for which there is yet no lawful grounds to arrest the suspect.
Warrantless Arrest An Arrest made in a public place without a warrant that is based on either the probable cause that the person committed a felony or the person committing a misdemeanor in the law enforcement officer(s) presence.
Most common reason for license denial 1. Have you ever been arrested or a defendant in court? No Yes (if yes, give complete information, including state, year and disposition of charges: Attach additional pages if necessary) 2. Have you ever been found guilty of anything other than a traffic offense? No Yes (if yes, give complete information, including state, year and disposition of charges: Attach additional pages if necessary) 3. Have you ever pled guilty, nolo contendere, or no contest to anything other than a traffic offense? No Yes (if yes, give complete information, including state, year and disposition of charges: Attach additional pages if necessary)
What are Arkansas Traffic Offenses Pursuant to the application process for an Arkansas Professional Bail Bond License and the problems with Initial and renewal licensee(s) CABBS will address the issue of what is an Arkansas Traffic Violation or Offense?
There are ten (10) Arkansas Traffic Violations (offense) recognized by the State and would deal directly with the licensing process or application (page 2 of the Initial Bail Bond Agent Application and Question 3 of the Renewal Bail Bond Application) with the Arkansas Professional Bail Bond Licensing Board. The following ten (10) offenses (which may or may not have sub-category offenses) are the only ones recognized as Traffic Offenses in the State of Arkansas for use with filling out applications for bail bond agent license and they are:
Arkansas Traffic Violations A.C.A. 5-65-103 Driving While Under the Influence A.C.A. 27-50-308 Reckless Driving A.C.A. 27-53-101 Accidents involving death or personal injuries A.C.A. 27-51-201 Speed Limitations A.C.A. 27-51-402 Limitations on Turning A.C.A. 27-52-103 Obedience to traffic-control devices A.C.A. 27-37-702 Seat Belt Requirements A.C.A. 27-19-711 Proof of Insurance A.C.A. 27-16-602 Driver s License Requirements A.C.A. 27-14-701 Registration Requirements
If after reviewing this module on what is or constitutes an arrest and you are not sure whether you answered the questions directly, correctly, and decisively then you need to make sure that your company is aware of any deficiencies before the APBBLB going over and accepts your application to become an Arkansas-licensed bail bondsman. Make the corrections and then submit it.