What is a 'qualifying Power of Attorney' as it pertains to bail bond?

Full question:

What is a 'qualifying Power of Attorney' as it pertains to bail bond?

Answer:

A bail bond is a power of attorney issued by a surety insurance company, executed by their licensed agent to allow a defendant freedom from incarceration pending adjudication of the criminal case. Any individual may act as a bondsman with the following exceptions: (As stated in Pa.R.Crim.P. 4007)

a.) No attorney, or spouse or employee of any attorney, shall be permitted to become a surety for a client of the attorney or for a client of the attorney's office.

b.) No sheriff, employee of a sheriff, tipstaff, other employee, or official of the courts or issuing authority of any judicial district shall be permitted to become a surety unless the defendant is a member of that person's immediate family.

c.) No person who is named in any current official list of undesirable bondsmen shall be permitted to become a surety in any case.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Bail bondsmen have the authority to act as sureties for defendants, allowing them to be released from jail while awaiting trial. They can sign a bail bond on behalf of the defendant, which is a type of power of attorney. This means they have the legal power to ensure the defendant appears in court. However, they must follow state regulations and cannot act if they are disqualified under laws such as Pa.R.Crim.P. 4007.