Sec. 5. (a) Any time before there has been a breach of the undertaking in any type of bail and cash bond, the surety may surrender a defendant, or the defendant may surrender, to the official to whose custody the defendant was committed at the time bail was taken or to the official into whose custody the defendant would have been given if committed.

     (b) A defendant shall be surrendered without the return of premium for the bond if the defendant has been guilty of:

Terms Used In Indiana Code 27-10-2-5

  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Contract: A legal written agreement that becomes binding when signed.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
(1) changing address without notifying the defendant’s bail agent or surety;

(2) concealing one’s self;

(3) leaving the jurisdiction of the court without the permission of the defendant’s bail agent or surety or the court; or

(4) violating the defendant’s contract with the bail agent or surety in a way that does harm to the bail agent or the surety or violates the defendant’s obligation to the court.

As added by P.L.261-1985, SEC.1. Amended by P.L.355-1989(ss), SEC.2; P.L.224-1993, SEC.7.

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