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Ask TexCrimLawyer, J.D. Your Own Question
TexCrimLawyer, J.D.
TexCrimLawyer, J.D., Lawyer
Category: Criminal Law
Satisfied Customers: 4782
Experience:  Experienced in state and federal criminal litigation.
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What happens to a surety bond if someone is bailed out in one

This answer was rated:

What happens to a surety bond if someone is bailed out in one state, then commits another crime in a different state and is bailed out.

If he/she has to go to jail in the initial state, what happens to the bond in the second state when he/she doesn't show up for court? Is it forfeited?

TexCrimLawyer, J.D. :

The person that put up the surety bond does not lose his/her money.

Customer:

Ah

Customer:

can I give you some more details real quick?

Customer:

Sorry, new to this whole just-answer process :)

TexCrimLawyer, J.D. :

If the person is in the custody of another state, their bond should not be forfeited. The second state has the duty to go get him/

Customer:

my question was phrased kind of briefly

TexCrimLawyer, J.D. :

No problem. Go ahead.

Customer:

ok, so my wife is currently out on bail in WA

Customer:

and got arrested in Idaho

Customer:

both felonies, out on bail in both states, her WA sentencing is drawing super near

Customer:

so the fact that she won't be able to appear in court in ID

Customer:

at the date requested

TexCrimLawyer, J.D. :

So, she's not in custody in either state?

Customer:

not yet

Customer:

but she will be

TexCrimLawyer, J.D. :

And you are concerned she will miss her sentencing in the second state?

Customer:

well yeah, I'm concerned that she'll miss her court date in Idaho because she'll be in prison in Washington

Customer:

and I don't know how that'll play out

Customer:

with the bail bondsman in Idaho

Customer:

does that make sense? I'm sorry

TexCrimLawyer, J.D. :

It makes total sense, but you have nothing to worry about.

Customer:

thats a huge relief :)

Customer:

I didn't sign for her bail in WA, but I did in Idaho

Customer:

it's for a 25k bond

Customer:

put up collateral and all that jazz

Customer:

so I was just encouraging her to go back to jail in Idaho

Customer:

so as to avoid having the bond I signed for get forfeited

Customer:

but I guess that wouldn't be an issue at all if she was in custody in another state?

TexCrimLawyer, J.D. :

Typically, in this situation, the second state will wait until she is sentenced in the first state and then bring her over on a governor's warrant and sentence her, then send her back to the first state to server her time.

Customer:

I thought maybe they'd just issue some sort of bail extension

Customer:

which I read was only good for up to 12 months

Customer:

and I don't know what her sentencing will be like

TexCrimLawyer, J.D. :

If it will make you feel better, she can go turn herself in and surrender her bond.

Customer:

oh well I'd prefer she took care of WA first

Customer:

but not if it leaves me on the hook for 25k

TexCrimLawyer, J.D. :

She can, but as long as she's in custody, she won't have her bond revoked. Just make sure her attorneys know what is going on.

Customer:

but my understanding from you is that theres basically no way that would happen?

Customer:

ok

TexCrimLawyer, J.D. :

Her attorney in WA will inform the court of her situation in Idaho and they won't set her sentencing until they can get her back/

Customer:

so theres pretty much no way the bond would be forfeited? even if she gets a judge who's having a bad day in ID when she can't show up for court because she's incarcerated in WA?

TexCrimLawyer, J.D. :

No, she won't have the bond forfeited.

Customer:

Thank you so much for that, you've really set my mind at ease

TexCrimLawyer, J.D. :

Glad to help.

Customer:

and I don't mean to sound doubtful or anything

TexCrimLawyer, J.D. :

If I've answered your question, please click the "Accept" button. Good luck.

Customer:

but are you super duper sure? :P

Customer:

some weird state laws won't come into play

TexCrimLawyer, J.D. :

Yes. Just make sure her attorney knows what is going on.

Customer:

that you perhaps wouldn't be aware of?

Customer:

awesome

Customer:

yep, I think that covers it

TexCrimLawyer, J.D. :

Not that I'm aware of.

Customer:

you sir, rule

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