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Section 1
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Relations with the Client
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Article 1. In justice to those who place their faith, confidence,
interest in the Bail Agent should endeavor constantly to be informed of
current laws, proposed legislation, Governmental orders or regulations, and
other significant information and public policies which may affect the
interests of the client.
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Article 2. The Bail Agent should make a constant practice of 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.
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Article 3. The Bail Agent should not, prior to forfeiture or
breach, arrest or surrender any principal and thereby terminate his release
from Governmental custody unless the Agent can materially show good cause for
such action. Such good cause should reasonably take 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.
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Article 4. The Bail Agent, upon receipt of notice or forfeiture or
breach where notice is required or personal knowledge of forfeiture or
breach, should promptly and formally notify any and all indemnitors and real
parties of the forfeiture or breach by the principal. The Bail Agent should
concisely state the liability thereby incurred or pending at that time.
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Article 5. The Bail Agent should supply all indemnitors to an
undertaking with a true copy of any document representing a binding legal
contract to which he or she is to be or is being committed.
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Article 6. When an examination of the material factors of a
potential undertaking reasonably convinces a Bail Agent that he or she will
be unable to undertake that particular bail relationship, the Bail Agent
should immediately inform all involved parties that he or she will not be
able to secure the release of the defendant or his or her affiliates may
promptly seek his or her release by another means.
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Article 7. Every Bail Agent should comply in full with the laws and
regulations governing the transaction of bail in his or her state. Such
compliance must necessarily include those matters dealing with the trust and fiduciary
relationship as it relates to monies and properties which may secure an
undertaking. The highest moral and ethical practice should be maintained when
entering into a trust or fiduciary relationship.
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Section 2
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Relations with the General Public
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Article 8. The Bail Agent should keep themselves informed as to
movements affecting the criminal justice system in his or her community,
state, and the nation so that he or she may be able to constructively
contribute to public thinking in 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.
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Article 9. It is the paramount duty of the Bail Agent to protect
the general public against misrepresentations or unethical business practices
in the bail industry. He or she should endeavor to eliminate in their
community any 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 the members of the bail industry.
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Article 10. The Bail Agent should not, except as provided by law,
engage in activities that constitute the practice and law should refrain from
making comments and representations which may lead the public to believe that
he Bail Agent is practicing law.
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Section 3
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Relation with the Government
Sector
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Article 11. The Bail Agent, with due regard for the special position
of responsibility and trust that this profession places an Agent in, 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 the Bail
Agent or of the public officer.
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Article 12. Unless compelled to do so by law or by court order, the
Bail Agent should not divulge or disclose to any person or agency personal
information regarding the principle 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 the Bail Agent demand compliance with
this concept.
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Article 13. The Bail Agent should make great efforts to verify and
confirm any information which he or she may give to a court, law enforcement
agency, or any other public agency. Failure to do so, or an intentional
misrepresentation of a fact to any one of he entities, must be construed as a
breach of the fundamental relationship of trust between the Bail Agent and
the Governmental Sector.
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Section 4
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Relations with Fellow Bail Agents
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Article 14. The Bail Agent shall not conspire with other Bail Agents
to regulate rates or restrict trade within the Bonding Profession.
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Article 15. The Bail Agent should so conduct his or her business as
to avoid controversies and conflicts with his or her fellow Bail Agents and
should not voluntarily disparage the business practice of a competitor or
volunteer an opinion of a competitor's transaction. If his or her opinion is
sought, it should be rendered with strict professional integrity and
courtesy.
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Article 16. The Bail Agent should seek no unfair advantage over his
or her fellow Bail Agents, and should willingly share with them the lessons of
his or her experience and study. The Bail Agent should also inform his or her
fellow Bail Agents of established hazards involving a prospective client if
such hazards exist.
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Article 17. If a 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 Agency should place all pertinent facts
and rebuttal before the accusatory body promptly and voluntarily for
investigation and judgment.
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Article 18. The Bail Agent should constantly strive for the highest
degree of attainable professionalism. This should be expected and demanded
from all Bail Agents and by all those persons involved in the bonding
industry, regardless of position.
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Article 19. The Bail Agent should make extensive effort to support,
contribute to, and participate in local, statewide, and national Bail Agent
associations whose goals are to preserve and enhance the integrity, quality,
and honor of the bonding industry.
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CONCLUDING SANCTION
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The Articles of the 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 and no instructions from clients or outside
parties can ever justify departure from these principles or from the
injunction of this Code of Ethics. (Our company strictly adheres to the Professional Bail Code of Ethics that have been adopted by the Professional Bail Agents Association)
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