15260 Ventura Blvd. Suite 1200 Sherman Oaks, Los Angeles, CA 91403 | (818) 570-0836 | (510) 852-9296
sweinsteinlaw@gmail.com

California Financial License Defense Attorney

We defend licensed financial professionals in California

California Bail Agent License Defense Attorney

California Department of Insurance License Defense Lawyer

The California Department of Insurance, known as CDI, licenses several hundred thousand Bail Agents in the State of California. Most California Bail Agents have minimal or no contact with the enforcement arm of the California Department of Insurance. For Bail Agents who become part of the California Department of Insurance’s disciplinary process, the consequences are profound. The Bail License disciplinary process is complex, procedural and time consuming. Bail Agents facing the California Department of Insurance disciplinary process should seek legal representation from an experienced California Bail Agents License Defense Attorney.

California Department of Insurance Investigation Defense Lawyer

The majority of California Department of Insurance investigations begin with the filing of a consumer Complaint. However, California Department of Insurance Investigations also occur through sting operations, criminal conviction referrals and criminal investigations. The California Department of Insurance employs non sworn Enforcement Representatives to conduct non criminal investigations. The California Department of Insurance employs sworn Peace Officer Investigators to conduct criminal investigations against Bail Bond Agents. These employees investigate criminal and administrative law violations. Administrative Law Due Process Rights differ substantially from the Due Process Rights accorded in criminal law.

It is important to have an attorney that understands the California Department of Insurance disciplinary process. At the conclusion of a California Department of Insurance investigation, the Department has several options. The Department can choose to close the Complaint. The Department can choose to issue a Citation. The Department can also choose to refer the matter to the Department of Insurance Legal Division. The Department of Insurance Legal Division will determine whether cause exists to file a formal disciplinary Accusation. In cases involving criminal conduct, the Department may refer the case to the District Attorney’s Office for criminal prosecution. If you are a Bail Licensee facing a California Department of Insurance investigation, contact a California Department of Insurance License Defense Attorney for representation.

California Bail License Accusation Defense Attorney

A formal Accusation served on a California Bail Licensee serves as notice to a Bail Agent that the Department intends to revoke the Bail Agents’ License. The Bail Agent, now called the Respondent, has only 15 days from the date that the Accusation was served (not received, but served) to file a Notice of Defense. The failure to file a Notice of Defense results in a Default against the Bail Agent. A Default will result in the immediate Revocation of the Bail Agents’ License.

An Accusation is a serious matter that can result in the suspension or revocation of a Bail Agents License in California. In many cases, it is possible for Bail Agents to reach a Stipulated Agreement with the California Department of Insurance Legal Division. A Stipulated Agreement is a formal term for a settlement agreement. If a Stipulated Agreement cannot be reached, the parties will proceed to a formal Hearing before the California Office of Administrative Hearings (OAH).

Bail Agents facing a California Department of Insurance Accusation should contact an experienced California Bail Agents License Defense Attorney for representation. Common causes of action for disciplinary Accusations against Bail Agents include:

  • Aiding and Abetting Unlicensed Bail Activity
  • Accepting or Receiving Referral Fees
  • Accepting Unlawful Bail Premium Amount
  • Bail Capping
  • Bail Extortion
  • Bail Forfeiture Fraud
  • Breach of Fiduciary Duty
  • Deceptive Sales and Marketing Practices
  • Dishonesty, Fraud or Deceit
  • Elder Abuse
  • Employing Felon for Fugitive Recovery
  • Failure to Display Bail License
  • Failure to Post Bond
  • False Imprisonment
  • Insurance Fraud
  • Kidnapping for Purposes of Extortion
  • Referral of Arrestee to Attorney
  • Solicitation of Bail at Detention Center, Jail, Police Station, or Prison
  • Solicitation of Bail From Arrestees and Prisoners
  • Solicitation of Bail From Detention Officers, Jail Guards or Police
  • Unlawful Solicitation of Bail
  • Violation of Bail Regulations
  • Willfully Making an Untrue Representation to a Court to Avoid Bail Bond Forfeiture

California Bail Agent License Hearing Attorney

The California Office of Administrative Hearings, also known as OAH, maintains several Court Hearing locations. These Court locations are in Los Angeles, Oakland, Sacramento and San Diego. In some instances, Hearings may be held offsite in Bakersfield, Fresno, Orange County, Riverside, San Bernardino, San Francisco, San Jose or Ventura. The Administrative Law Hearing is a formal Hearing before an Administrative Law Judge.

The Administrative Law Judge, or ALJ, will issue a written Proposed Decision approximately 30 days after the Hearing. The California Department of Insurance can adopt, modify or reject the ALJ’s Proposed Decision. The California Department of Insurance’s action is called the Final Decision and Order. There are two main rights of Appeal of a Final Decision and Order. California Government Code § 11521 allows a Bail Agent to file a Petition for Reconsideration prior to the effective date of the Final Decision and Order. Pursuant to California Code of Civil Procedure § 1094.5, the Bail Agent can also file a Petition for Writ of Mandamus in Superior Court. A Writ must be filed within 30 days of the effective date of the Final Decision and Order.

California Bail Agents facing a California Department of Insurance Administrative Law Hearing need effective representation from a California Bail Agents License Defense Lawyer.

California Bail Agent License and Criminal Convictions

The California Department of Insurance can discipline Bail Agents for criminal convictions. California Department of Insurance discipline occurs for convictions for criminal convictions that are substantially related to the duties, functions and qualifications of a Bail Agent. Common criminal offenses that can cause Bail Agent License discipline are:

  • Altering or Forging a Prescription
  • Assault With a Deadly Weapon
  • Battery
  • Brandishing a Firearm
  • Burglary
  • Carrying a Concealed Weapon
  • Child Abuse
  • Child Endangerment
  • Diverting a Controlled Substance
  • Domestic Violence
  • DUI
  • Elder Abuse
  • False Imprisonment
  • Forgery
  • Fraud
  • Hit & Run
  • Identity Theft
  • Insurance Fraud
  • Medicare Fraud
  • Mortgage Fraud
  • Possession for Sale of a Controlled Substance
  • Possession of a Controlled Substance
  • Public Intoxication
  • Real Estate Fraud
  • Robbery
  • Sex Offenses
  • Theft
  • Trespass
  • Vandalism
  • Vehicular Manslaughter

The California Department of Insurance and other law enforcement agencies also investigate criminal conduct by Bail Agents in the course and scope of their trade. Criminal investigations often involve Bail Agents engaged in Violations of Bail License Regulations pursuant to the California Insurance Code. In serious criminal cases against Bail Agents pending in Criminal Court, the California Department of Insurance may seek a California Penal Code § 23 Order against the Bail Agent. A California Penal Code § 23 Order seeks to suspend a Bail Agents License in Criminal Court.

Bail Agents facing criminal charges and Bail Agents who are convicted of criminal offenses need an experienced California Bail Agents License Defense Attorney for representation in disciplinary proceedings before the California Department of Insurance.

California Bail Agent License Statement of Issues Attorney

The California Department of Insurance thoroughly investigates all applicants for Bail Agents Licenses. The California Department of Insurance may deny a California Bail Agents License for a variety of reasons. Most California Bail Agent License denials occur due to criminal convictions, financial problems or misstatements on the Bail Agents License application. Statement of Issues Hearings and Accusation Hearings before the Office of Administrative Hearings maintain a similar procedure. However, in a Statement of Issues Hearing, the applicant bears the burden of proof. Individuals denied a Bail Agents License should contact a California Bail Agents License Statement Denial Lawyer for representation in a California Department of Insurance Statement of Issues Hearing.

California Bail License Petition for Reinstatement Lawyer

A Petition for Reinstatement allows Bail Agents who have received a Bail Agents License Revocation to reinstate their License. The Petition for Reinstatement must show by clear and convincing evidence the factual and legal reasons to warrant the Bail Agents License Reinstatement. Rehabilitation from past misconduct is the primary factor in a Petition for Reinstatement before the California Department of Insurance. A successful Bail Agents License Petition for Reinstatement requires representation by an experienced California Bail Agents License Defense Attorney.