Legal Definitions - surrender by bail

Surrender by Bail refers to the act where a person or entity who guaranteed a defendant's release from jail (known as a surety or bail provider) formally returns that defendant to the court's custody. This action releases the surety from their financial obligation and responsibility for ensuring the defendant appears in court as required.

Here are a few examples to illustrate this concept:

• Example 1: The Bail Bondsman's Precaution

  A professional bail bondsman posts a $50,000 bond for a client, Mr. Jenkins, who was arrested for a felony. After a few weeks, the bondsman receives credible information that Mr. Jenkins is planning to leave the state and has stopped communicating with his attorney. Fearing that Mr. Jenkins will flee and the bond will be forfeited, the bondsman decides to locate Mr. Jenkins and bring him back to the local jail.

  This is an instance of surrender by bail because the bail bondsman, acting as the surety, is returning the defendant (Mr. Jenkins) to custody before he can abscond. This action protects the bondsman from losing the $50,000 bond.

• Example 2: A Family Member's Change of Heart

  Maria puts up her house as collateral to bail out her cousin, David, who was arrested for a serious misdemeanor. The terms of David's release include staying away from certain individuals and attending weekly counseling sessions. A month later, Maria discovers that David has been violating these conditions by associating with the prohibited individuals and has missed several counseling appointments. Concerned about her own liability and David's disregard for the court's orders, Maria decides she can no longer be responsible for him.

  Maria then contacts the court and arranges for David to be taken back into custody. This demonstrates surrender by bail because Maria, as the surety, is relinquishing her responsibility for David's appearance and returning him to the court's control, thereby protecting her collateral.

• Example 3: Employer's Financial Protection

  Mr. Thompson, a small business owner, provides a cash bond for an employee, Sarah, who was arrested for a minor theft offense. The bond amount is substantial for Mr. Thompson. A few weeks after Sarah's release, Mr. Thompson learns that Sarah has been discussing plans to move out of the country unexpectedly and has been liquidating her assets, raising concerns that she might not appear for her court date.

  To prevent the forfeiture of his cash bond, Mr. Thompson, acting as the surety, initiates the process to have Sarah returned to custody. This is an example of surrender by bail, as Mr. Thompson is exercising his right to return the defendant to jail, thereby ensuring he does not lose the money he posted for her release.