Can a surety surrender the bailed person at will?

A surety cannot surrender the bailed person at will because the surrendering of a bailed individual is bound by specific legal protocols and obligations. The bond agreement typically outlines terms that govern how a surety can act regarding the bail. This means a surety must generally have valid legal reasons for a surrender, such as the bailed person's failure to comply with the conditions of the bond, rather than doing so solely at their discretion.

The requirement for a justifiable cause helps protect the rights of the individual who was bailed out, ensuring they are not arbitrarily turned back into custody without legitimate grounds. This is important both for maintaining the integrity of the bail system and for preventing misuse of the power wielded by sureties. In many states, laws also establish a process that must be followed if a surety wishes to surrender a bailed person, which further emphasizes that it is not a decision that can be made unilaterally or whimsically.