Texas Code of Criminal Procedure 17.16 vs 17.19

Texas Code of Criminal Procedure 17.16 and 17.19 are important laws in the bail bond process. They explain specific rules and steps for handling bail bonds in Texas. Understanding these sections can help anyone involved in bail bonds, from defendants to sureties and bail bondsmen.

Summary of Differences

• Article 17.16: Focuses on how a surety (a person or company that guarantees someone will appear in court by taking responsibility for their bail) can be released from their responsibility by either turning in the accused person to the sheriff or proving the accused is already in jail.
• Article 17.19: Describes how a surety can get a warrant to arrest the accused person if they need to be surrendered, including notifying the accused’s attorney and filing an affidavit.

These laws have different rules and steps that must be followed. Knowing these differences is important for dealing with the legal system and understanding your rights and responsibilities. The next sections will explain these aspects in more detail to help you get through the bail bond process smoothly.

What is Texas Code of Criminal Procedure 17.16?

Article 17.16 explains how a surety (the person or company that guarantees someone will show up in court after being released on bail) can be released from their responsibility before the bail is forfeited.

Why a Surety Might Use 17.16?

A surety might want to be released from their responsibility for the bail bond if they believe the principal (the person they bailed out) is not going to fulfill their obligation to appear in court. By surrendering the principal to the sheriff or proving that the principal is already incarcerated, the surety can avoid financial loss and legal liability that would occur if the principal fails to appear in court and the bail is forfeited.

What is Texas Code of Criminal Procedure 17.19?

Texas Code of Criminal Procedure 17.19 explains the steps a surety must follow to surrender their principal (the person they bailed out) by obtaining an arrest warrant.

Why a Surety Might Use 17.19

A surety might want to surrender their principal and obtain an arrest warrant if they believe the person they bailed out is not going to show up for court, to avoid financial loss or legal responsibility if the principal fails to appear in court.

The surety can file an affidavit with the court or magistrate, providing details about the case and the reasons for surrendering the principal. The court or magistrate can then issue an arrest warrant if they find there is cause. This process allows the surety to avoid financial loss or legal responsibility if the principal fails to appear in court.

Key Differences Between 17.16 and 17.19

Focus:

• Article 17.16: Focuses on the methods a surety can use to be released from responsibility before bail is forfeited by surrendering or proving incarceration.
• Article 17.19: Focuses on obtaining a warrant to arrest and surrender the principal if the surety believes the principal will not comply with court obligations.

Method:

• Article 17.16: Involves verifying the accused’s incarceration status.
• Article 17.19: Involves notifying the principal’s attorney and filing an affidavit to obtain an arrest warrant.

Outcome:

• Article 17.16: Surety is released from the bail bond obligation once incarceration is verified.
• Article 17.19: Surety can secure the principal’s arrest to avoid liability if the principal fails to appear in court.

Real World Examples

Article 17.16: Jane is out on bail but gets arrested in another state for a different crime. The bail bonds company finds out and wants to avoid losing their money. They file an affidavit proving that Jane is already in jail elsewhere. The sheriff verifies this information and informs the judge. Once the incarceration is confirmed, the bail bonds company is released from their responsibility for Jane’s bail.

Article 17.19: John is out on bail, but the bail bonds company believes he will not appear for his upcoming court date. The surety decides to notify John’s attorney and then files an affidavit with the court explaining the situation. The court reviews the affidavit and, if they agree, issues an arrest warrant for John. This allows the bail bonds company to have John arrested and brought back into custody, avoiding financial loss if he fails to appear in court.

Implications for Defendants

Article 17.16

• Surrender to Sheriff:
  • Immediate Custody: If the surety decides to surrender the defendant to the sheriff, the defendant will be taken into custody immediately. This means the defendant will lose their freedom until the next court appearance or until another bail arrangement is made.
• Verification of Incarceration:
  • Detainer Placement: If the surety provides proof that the defendant is already incarcerated elsewhere, the sheriff will place a detainer on the defendant. This could affect the defendant’s ability to be released on other charges.
  • Bail Forfeiture Avoided: The process avoids bail forfeiture, but the defendant remains in custody, which could impact their daily life, employment, and personal circumstances.

Article 17.19

• Notification and Arrest Warrant:
  • Notification to Attorney: The defendant’s attorney will be notified of the surety’s intention to surrender the defendant. This gives the defendant a chance to address any issues that led to the surety’s decision.
  • Arrest Warrant Issued: If the court or magistrate finds cause, an arrest warrant will be issued. This means the defendant could be arrested at any time, leading to a sudden loss of freedom.
• Court Appearance:
  • Increased Scrutiny: The defendant may face increased scrutiny from the court, and the conditions of their release might be reassessed.
• Liability for Expenses:
  • Financial Impact: The defendant’s cosigner is responsible for expenses to return the defendant to custody, which could indirectly affect the defendant, especially if the cosigner seeks reimbursement. Also, a new bond would require a new fee to be paid and a total loss of any previous fees that had been paid.

Why a Good Bail Bonds Company Should Be Familiar with Articles 17.16 and 17.19

A reputable bail bonds company must have a thorough understanding of Texas Code of Criminal Procedure Articles 17.16 and 17.19. These laws play a critical role in the bail bond process, affecting the responsibilities of the surety, the rights of the defendant, and the overall outcomes for all parties involved. Here’s why familiarity with these codes is essential:

Understanding Article 17.16

• Release from Liability:
  • A knowledgeable bail bonds company should understand how to relieve their responsibility before bail is forfeited by either surrendering the accused to the sheriff or proving the accused is already incarcerated.
• Verification Process:
  • They should be adept at navigating the verification process with the sheriff and ensuring all necessary paperwork is filed correctly to avoid any legal issues.
• Cost Implications:
  • They should inform clients about potential costs involved in returning the accused to custody and help manage these expenses efficiently.

Art. 17.16. DISCHARGE OF LIABILITY; SURRENDER OR INCARCERATION OF PRINCIPAL BEFORE FORFEITURE; VERIFICATION OF INCARCERATION. (a) A surety may before forfeiture relieve the surety of the surety’s undertaking by:

(1) surrendering the accused into the custody of the sheriff of the county where the prosecution is pending; or

(2) delivering to the sheriff of the county in which the prosecution is pending and to the office of the prosecuting attorney an affidavit stating that the accused is incarcerated in:

(A) federal custody, subject to Subsection (a-1);

(B) the custody of any state; or

(C) any county of this state.

(a-1) For purposes of Subsection (a)(2), the surety may not be relieved of the surety’s undertaking if the accused is in federal custody to determine whether the accused is lawfully present in the United States.

(b) On receipt of an affidavit described by Subsection (a)(2), the sheriff of the county in which the prosecution is pending shall verify whether the accused is incarcerated as stated in the affidavit. If the sheriff verifies the statement in the affidavit, the sheriff shall notify the magistrate before which the prosecution is pending of the verification.

(c) On a verification described by this article, the sheriff shall place a detainer against the accused with the appropriate officials in the jurisdiction in which the accused is incarcerated. On receipt of notice of a verification described by this article, the magistrate before which the prosecution is pending shall direct the clerk of the court to issue a capias for the arrest of the accused, except as provided by Subsection (d).

(d) A capias for the arrest of the accused is not required if:

(1) a warrant has been issued for the accused’s arrest and remains outstanding; or

(2) the issuance of a capias would otherwise be unnecessary for the purpose of taking the accused into custody.

(e) For the purposes of Subsection (a)(2) of this article, the bond is discharged and the surety is absolved of liability on the bond on the verification of the incarceration of the accused.

(f) An affidavit described by Subsection (a)(2) and the documentation of any verification obtained under Subsection (b) must be:

(1) filed in the court record of the underlying criminal case in the court in which the prosecution is pending or, if the court record does not exist, in a general file maintained by the clerk of the court; and

(2) delivered to the office of the prosecuting attorney.

(g) A surety is liable for all reasonable and necessary expenses incurred in returning the accused into the custody of the sheriff of the county in which the prosecution is pending.

Reference

In simple terms, the purpose is to allow a surety to be released from their responsibility before bail is forfeited.

• Surrender the Accused:
  • Turn the accused person over to the sheriff in the county where the case is ongoing.
• Prove Incarceration:
  • Provide a form (affidavit) to the sheriff and prosecutor stating the accused is already in jail in:
    • Federal custody (unless for immigration status),
    • Any state’s custody, or
    • Any county in the state.
• Verification by Sheriff:
  • The sheriff checks if the accused is in jail as stated.
  • If true, the sheriff informs the judge.
• Detainer Placement:
  • The sheriff puts a hold on the accused in the jail where they are.
  • The judge orders an arrest warrant (capias) unless there’s already a warrant or it’s unnecessary.
• Release of Surety:
  • The surety is no longer responsible once the accused’s incarceration is confirmed.
• File Affidavit:
  • The affidavit and proof must be:
    • Filed in the court record, or
    • Kept in a general file if no specific court record exists.
  • Also, a copy must be given to the prosecutor.
• Paying Expenses:
  • The surety must pay for any costs involved in bringing the accused back into custody.

Understanding Article 17.19

• Obtaining an Arrest Warrant:
  • The company should know how to properly notify the principal’s attorney and file an affidavit with the court to obtain an arrest warrant if they believe the principal will not comply with court obligations.
• Affirmative Defense:
  • They should be aware of the legal defenses available if a court or magistrate refuses to issue a warrant and the principal fails to appear in court.

Art. 17.19. SURETY MAY OBTAIN A WARRANT. (a) Any surety, desiring to surrender his principal and after notifying the principal’s attorney, if the principal is represented by an attorney, in a manner provided by Rule 21a, Texas Rules of Civil Procedure, of the surety’s intention to surrender the principal, may file an affidavit of such intention before the court or magistrate before which the prosecution is pending. The affidavit must state:

(1) the court and cause number of the case;

(2) the name of the defendant;

(3) the offense with which the defendant is charged;

(4) the date of the bond;

(5) the cause for the surrender; and

(6) that notice of the surety’s intention to surrender the principal has been given as required by this subsection.

(b) In a prosecution pending before a court, if the court finds that there is cause for the surety to surrender the surety’s principal, the court shall issue a capias for the principal. In a prosecution pending before a magistrate, if the magistrate finds that there is cause for the surety to surrender the surety’s principal, the magistrate shall issue a warrant of arrest for the principal. It is an affirmative defense to any liability on the bond that:

(1) the court or magistrate refused to issue a capias or warrant of arrest for the principal; and

(2) after the refusal to issue the capias or warrant of arrest, the principal failed to appear.

(c) If the court or magistrate before whom the prosecution is pending is not available, the surety may deliver the affidavit to any other magistrate in the county and that magistrate, on a finding of cause for the surety to surrender the surety’s principal, shall issue a warrant of arrest for the principal.

(d) An arrest warrant or capias issued under this article shall be issued to the sheriff of the county in which the case is pending, and a copy of the warrant or capias shall be issued to the surety or his agent.

(e) An arrest warrant or capias issued under this article may be executed by a peace officer, a security officer, or a private investigator licensed in this state.

Reference

In simple terms, the purpose is to allow a surety to get an arrest warrant to surrender the person they bailed out.

1. Notify Attorney:
   • Tell the person’s lawyer that they want to surrender the person.
2. File an Affidavit:
   • Fill out and submit a form (affidavit) to the court. The form must include:
     • Court and case number.
     • Defendant’s name.
     • Charges against the defendant.
     • Date of the bond.
     • Reason for surrender.
     • Confirmation that the lawyer was notified.
3. Court Review:
   • If the court agrees, they will issue an arrest warrant.
4. If Warrant is Refused:
   • If the court says no and the person doesn’t show up in court, the surety is not responsible for the bail.
5. Alternative Magistrate:
   • If the main court is not available, the surety can go to another judge in the county to get the warrant.
6. Warrant Issuance:
   • The arrest warrant is sent to the county sheriff.
   • A copy is also given to the surety or their agent.
7. Warrant Execution:
   • The warrant can be carried out by a police officer, security guard, or licensed private investigator

What Happens to the Bail Bond Fee if the Bondsman Turns the Accused Back into the Police?

When a surety (bail bonds company) turns the person back into the police, the bail bond fee paid by the defendant or their family to the bail bonds company is generally non-refundable. This fee is considered payment for the service of providing the bail bond and securing the defendant’s release from jail initially. Even if the surety decides to surrender the defendant to avoid further liability, the bail bond fee is typically not returned.

Summary

Texas Code of Criminal Procedure Articles 17.16 and 17.19 are important to understand the bail bond process in Texas. Article 17.16 explains how a surety can be released from their responsibility by surrendering the accused to the sheriff or proving they are already in jail. Article 17.19 details how a surety can obtain an arrest warrant to surrender the accused if they believe the person will not appear in court. Knowing these differences is important for managing bail responsibilities and navigating legal obligations. If you need help with the bail bond process or have any questions, contact Southern Bail Bonds today for assistance. We are available 24×7.