Okay--first of all I know this technically belongs in civil--but this thread seems to be more widely read and responded to.

Facts: Defendant is out on a sizeable surety bond. The bond has conditions that require the Defendant to wear an ankle monitor. Last week, Defendant's mother calls and says the Defendant has cut off the monitor and disappeared. Our office files a motion to hold bond insufficient which the Court grants and issues a new warrant for the arrest of the Defendant. Yesterday, the Defendant does not appear for her MTR hearing and the Court forfeits her bond.

Issue: Does the prior bond insufficiency order release the surety from any and all liability under the bond or may the bond still be forfeited and a nisi be filed?

I skimmed for some case law but couldn't find anything directly on point. It seems that the bond (and/or the collateral behind it) is merely being held insufficient in amount and that the bondsman shouldn't reap the rewards of the Defendant's wrongful conduct.

[This message was edited by Robert S. DuBoise on 08-10-07 at .]

A surety is not released from liability until the defendant is back in custody. The forfeiture is good.

For those of you who probably wouldn't have slept tonight absent an answer to this particular legal dilemma, an answer may be found in Fly v. State, 550 S.W.2d 684 (Tex.Cr.App. 1977). That opinion states that:

quote:

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Article 17.09, Section 2, V.A.C.C.P., provides that once an accused has been released on an appearance bond he shall not be required to give another bond in the course of the same criminal action �except as herein provided.� Article 17.09, Section 3, supra, provides, however, that a judge in whose court such action is pending may order the accused rearrested and require the accused to give another bond if he finds the original bond defective, excessive, or insufficient.

The record does not reflect the reason for the district judge's order of the rearrest of the principal. Because the district judge set the bail at $15,000, absent evidence to the contrary, we will presume that the accused was ordered rearrested because the trial judge found the original bond insufficient. We hold the issuance of the arrest warrant alone, without the principal actually being rearrested and released under another bond, did not nullify his prior bond obligation.

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This is still good information for those of us who do criminal and not civil, because some of our judges might seem to think if a warrant is outstanding, we don't get to forfeit a bond. Thanks for the info.