San Diego, CA asked in Criminal Law and Federal Crimes for California

Q: How do I cancel an appearance surety bond secured by my property in a CA federal criminal case?

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1 Lawyer Answer
Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: State laws have been enacted in recent years which restrict Principals from effecting cancellation or nonrenewal except under specified circumstances.

Providing the Surety a written notice that reasons the need for cancellation is helpful for determining if we are allowed by law to do so.

For example: In California, there is a state statute indicating the Cancellation Of Bond Or Withdrawal Of Sureties found in the Code of Civil Procedure Section 996.310-996.360, where it governs cancellation of or withdrawal of a Surety from a bond given other than in an action or proceeding.

There are four ways to cancel a bond:

An Obligee submits a written letter of release stating that the bond can be canceled.

The Surety and or Principal can refer a Notice of Cancellation terminating the bond for a particular date, for each term specified in the bond form, the underlying agreement, or the statute or regulation, as the case may be.

The bond indicates an expiration date and automatically closes upon the expiration. This is referred to as a Term Bond.

The Obligee returns the original bond to the Surety.

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