North Carolina Bail Bonds Practice Exam

Which of the following is a reason for immediate surrender of a defendant without ROP?

1. Defendant is a minor

2. Defendant leaves the state without permission

3. Defendant is on parole

4. Defendant has no prior offenses

The correct answer is: Defendant leaves the state without permission

The reason for immediate surrender of a defendant without right of presence (ROP) is grounded in the principle that certain actions can significantly hinder the bail process and compromise the terms under which the defendant was released. When a defendant leaves the state without permission, it demonstrates a disregard for the conditions set by the court or bail agent, thus necessitating immediate action. This behavior poses a risk of flight, as the individual is no longer within the jurisdiction to respond to legal obligations or court appearances. On the other hand, factors such as being a minor, being on parole, or having no prior offenses do not automatically warrant a surrender without ROP. While these situations may certainly complicate the legal standing of a defendant, they do not inherently indicate an intent to flee or a violation of bail conditions in the same way that leaving the state does. Hence, option B correctly identifies a situation that justifies immediate surrender.