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Current as of January 01, 2024 | Updated by FindLaw Staff
A. A “paid surety” is a surety that has taken money, property or other consideration to act as a surety for the accused.
B. When a paid surety desires to be discharged from the obligation of its bond, it may arrest the accused and deliver him to the sheriff of the county in which the action against the accused is pending.
C. The paid surety shall, at the time of surrendering the accused, deliver to the sheriff a certified copy of the order admitting the accused to bail and a certified copy of the bail bond. Delivery of these documents shall be sufficient authority for the sheriff to receive and retain the accused until he may be brought before the court.
D. A paid surety may be released from the obligation of its bond only by an order of the court.
E. The court shall order the discharge of a paid surety if:
(1) there has been a final disposition of all charges against the accused;
(2) the accused is dead;
(3) circumstances have arisen which the surety could not have foreseen at the time it became a paid surety for the accused; or
(4) the contractual agreement between the surety, the principal and the state has terminated.
Cite this article: FindLaw.com - New Mexico Statutes Chapter 31. Criminal Procedure § 31-3-4. Paid sureties - last updated January 01, 2024 | https://codes.findlaw.com/nm/chapter-31-criminal-procedure/nm-st-sect-31-3-4/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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