Facts: Defendant it 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.

Why would you attempt to hold a bond insufficient instead of out-right forfeiting it when the defendant does not appear?
Why mess with the bond?

When the D doesn't show up forfeit the bond.
What order did the Court make with reference to the bond? Is it revoked? forfeited? What?

When d doesn't appear for Court you can ask the bond be forfeited and the Court should make three orders 1. forfeit the bond 2. issue a capias for the arrest of D and 3. issue a new bond amount.

You ask that the bond be declared insufficient to obtain a warrant and attempt to put defendant back in custody before he runs off. If you wait until the appearance date, you may have given the defendant a head start.

Here in our county we have a number of persons on bond with certain conditions (i.e. electronic monitors, weekly urinalysis, weekly reporting to CSCD, GPS monitors, etc...). Due to the time that it takes to get a drug lab back from DPS (4-6 months), we frequently have situations where a Defendant violates his/her conditions of bond long before a case is ever indicted or brought to court for an arraignment. In those instances we file a motion to declare the Defendant's bond insufficient, as there is no basis for a bond forfeiture.

We have had issues with bondsmen who believe that once a Judge declares a bond insufficient, they are released from liablity on the bond if the Defendant fails to appear at a court date.

In situations where they fail to show to Court--we follow the same forfeiture proceeding that you outline.

By the way--I did finally find an answer to my question and posted it on the criminal side.

Insufficiency does not release the liability of a bond surety