Asked 14/6/2016 – Houston, TX

My husband is out of jail on a 10,000.00 surety bond, on February 5 he was arrested in adifferent county on an unrelated charge. I notified the bond company just incase I couldn’t get him out before his court date, that way, they would know why he wasn’t showing up in court. On this same day he also had a court date in another county (Feb 12) . So now the bonding company is automatically thinking that he won’t be out before his court date and they send the paperwork for surrender of surety bond for failing to appear but guess what ….he did appear to both courts on feb12. So now yesterday he gets jammed up by the cops, they run his name( he thinks everything is cool because he is jumping through the hoops, he is paid off, has not missed any court, etc etc) but guess what, their was a warrent for his arrest for surrender of surety bond. So now he goes to jail, I call the bonding company, the lawyer, the probation department and nobody can figure it out until his attorney goes to the court house and her and the court coordinator figure it out. The bonding company jumped the gun and filed surrender papers thinking my husband wasn’t going to maked it to court but he did. Extortion?

Answer

Yes, it is legal. The bond company does not have to wait until you husband fails to appear before requesting to go off his bond. If they wait until no appearance is made, the bond is forfeited and the bond company owes the full amount of the bond to the county. Your husband’s arrest on a new case after he posted the first bond provides grounds for the bond company to file a request with the court top be relieved from any liability.; this is governed by Article 17.16 of the Texas Code of Criminal Procedure. Frankly, if the Judge in the first case finds out your husband was ALLEGEDLY breaking the law while out on bond, there may not be a new bond set.