Bail bonds licensees, like any professional licensee, occasionally face complaints about the way they did business with the public. These complaints are processed by the Department of Regulatory Agencies (DORA), Division of Insurance. These cases are then referred to the Attorney General, State of Colorado‘s office for prosecution, if the complaint is meritorious. The Attorney General office prosecutes (acting as the lawyer for the Department of Regulatory Agencies) license violation cases against many professionals, including bail bond licensees.

How Do License Violation Cases Work?

They are processed like any other administrative law violation. They are initiated by the filing of a complaint (usually from a member of the public).  If it is determined that it has substance, a complaint is drafted and served on the bail bond licensee.

A Response to the Complaint is Filed

The bond licensee retains counsel (in many instances) and files a response. A hearing date is then set, and between the time that the hearing date is set, and the time that the hearing is held, settlement negotiations are conducted by the two sides. These negotiations are crucial to the licensee, who needs a lawyer in this time to advise him/her of the ramificaitons of going to hearing or accepting a settlement.

Possible Suspension

Many times the attorney for the regulatory board will ask that the licensee be suspended, or that the licensee accept a suspension, with a combination of paying a fine, taking continuing education classes and/or paying money back to the person who initially filed the complaint. Of course, the licensee and his/her lawyer may decide to take the case to a hearing.

Hearings and Their Results

Hearings can result in exoneration. Hearings can also result in permanent revocation of the license. Many times the hearing officer (an administrative license judge) will write a decision that is very fair.

However, if something goes wrong, then a decision which is adverse to the licensee can be devastating. The licensee can appeal the decision to the Colorado Court of Appeals. During this time the bail bond license holder may well be under an order of suspension, which can be financially devastating. This can be avoided by hiring a capable lawyer early in the process.

How a Trial Lawyer Can Help

The extreme consequences of a complaint against a bondsperson’s license are exactly why the licensee should have a trial lawyer advise them on how to defend their case. Bailbond licensees are around to help the criminally accused get out of jail, which is a critical service in criminal law cases. However, all too often, the licensee neglects his/her own case and fails to timely retain counsel to defend complaints against their bail license.
It’s always wise to seek the advice of an attorney when your professional license is under scrutiny. Colorado lawyer Shaun Kaufman is here to advise any professional licensee of issues with their license, and try those cases if necessary. Call Shaun Kaufman Law, P.C., with your bail bond license questions at any time, any day of the week: 303-309-0430.