What is the contractual risk undertaken by a surety in a criminal case?

California, United States of America


The following excerpt is from People v. Bankers Ins. Co., H036251 (Cal. App. 2011):

the contractual risk undertaken by the surety. (Id. at pp. 179-180.) The court noted that the surety " 'was free to monitor the case and determine what charges ultimately were made in the original complaint, and free to surrender [the defendant] pursuant to Penal Code section 1300 if it believed the bond was inadequate to cover the flight risk presented by the complaint.' " (Id. at p. 180, quoting People v. Bankers Ins. Co., supra, 181 Cal.App.4th at p. 6.)

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