Surrender Of Defendant By Surety {CR-214}

STATE OF NORTH CAROLINA County Of Surrender STATE VERSUS File No. (lead file no. listed on Appearance Bond) County Where Case Pending (if different from County Of Surrender) In The General Court Of Justice District Superior Court Division Name Of Defendant Name Of Surrendering Surety(ies) (required) Name Of Surrendering Agent Of Surety (if applicable) Date Of Appearance Bond Amount Of Bond SURRENDER OF DEFENDANT BY SURETY $ Additional File Nos. And Offenses (listed on Appearance Bond) G.S. 15A-534, 15A-540, 58-71-20 The undersigned hereby surrenders the defendant to the Sheriff of the above-captioned County Of Surrender, and in support of said surrender shows the following: PRE-BREACH SURRENDER G.S. 15A-540(a), 58-71-20 POST-BREACH SURRENDER G.S. 15A-540(b) NOTE TO SURETY: Complete this section if the surrender occurs before a NOTE TO SURETY: Complete this section if the surrender occurs after a breach of the bond (i.e., if the defendant has not failed to appear). breach of the bond (i.e., after a failure to appear). This surrender is offered before there has been a breach of the bond This surrender is offered after there has been a breach of the bond obligation. The County Of Surrender shown above is the county obligation. The County Of Surrender shown above is the county where: (check only one) where: (check only one) the defendant is bonded to appear. the defendant was bonded (i.e., where the defendant was in custody when the bond was executed). the county where the defendant currently is in custody. the defendant is bonded to appear. the defendant was bonded (i.e., where the defendant was in custody when the bond was executed). Upon delivery of this surrender form to the court with the custodian's completed receipt below, I hereby apply to the clerk for exoneration A copy of the bail bond, forfeiture, or release order is attached. from the bond obligation pursuant to G.S. 15A-540(a). Date Signature Of Surety/Agent Date Signature Of Surety/Agent The undersigned custodian hereby accepts the surrender by the surety/agent and acknowledges that the defendant now is in custody of the County Of Surrender identified above. Date Name Of Custodian/Jailer (Type Or Print) Signature Of Custodian/Jailer RECEIPT BY CUSTODIAN NOTES TO CUSTODIAN: (1) Surrender by a surety is governed by G.S. 15A-540 and G.S. 58-71-20. You can determine whether or not the person offering the surrender is the surety on the bond or an agent of that surety by reviewing the Appearance Bond form (AOC-CR-201) or a Bond Forfeiture Notice (AOC-CR-213) issued for a forfeiture of that bond. Both forms identify the surety. If you have any questions about whether or not a person offering a defendant for surrender is authorized to do so, you should consult with your supervising authority or agency counsel; judicial officials may not give sheriffs' personnel advice or approval for the surrender process. If the surety completed the section for the Pre-Breach Surrender, above, the previous Conditions Of Release And Release Order (AOC-CR-200) for which the appearance bond was executed remains in effect. You must obtain a copy of that release order from the court in order to determine the defendant's current conditions of release. If the surety completed the section for Post-Breach Surrender, above, provide the surrendering surety or agent with a copy of this form with the Receipt By Custodian completed. Then without unnecessary delay, take the defendant before a judicial official along with the completed original of this form and all documentation attached by the surety for entry of a new commitment order and conditions of release. Original and Attachments-Clerk (2) (3) (See NOTES TO MAGISTRATE on reverse.) Copy-Surety AOC-CR-214, Rev. 4/14 © 2014 Administrative Office of the Courts Copy-Custodian American LegalNet, Inc. www.FormsWorkFlow.com NOTES TO MAGISTRATE: (1) A judicial official may not accept or approve a surrender. Surrender is to the Sheriff, only, not to a judicial official. G.S. 15A-540. Sureties who wish to surrender a defendant should be directed to the Sheriff. Custodial personnel with questions about the validity of a proposed surrender should be directed to consult with their supervising authority or agency counsel. You should conduct an appearance for the defendant only if the surety has indicated a Post-Breach Surrender on the reverse and only after the custodian has brought you the original of this form with a completed Receipt By Custodian. If the defendant was surrendered pursuant to a Pre-Breach Surrender, the previous Conditions Of Release And Release Order (AOC-CR-200) for which the appearance bond was posted remains in effect. You may not enter a new release order for a pre-breach surrender, unless (i) the defendant has had no appearance before the court on any case covered by the bond for which he/she was surrendered, and (ii) you entered the original release order for which the bond was posted. G.S. 15A-534(e). Any court date already scheduled for the defendant remains the same. If the defendant was surrendered pursuant to a Post-Breach Surrender, G.S. 15A-540(c) requires that a judicial official determine whether the defendant is again entitled to pretrial release and, if so, upon what conditions. If the breach was a failure to appear for any charge(s) covered by the appearance bond for which the defendant was surrendered. G.S. 15A-534(d1) provides that the official shall impose conditions of release as follows: a. If an order for arrest (OFA) was issued for the failure to appear and any conditions of release were recommended in that OFA, you must at a minimum impose the conditions of release recommended in the OFA (even if the OFA is recalled pursuant to Note (4), below). If there were no conditions recommended in an OFA issued for the failure to appear, you must require a secured bond at least double the amount of the most recent secured or unsecured bond. If there were no conditions recommended in an OFA issued for the failure to appear, and there was no prior monetary condition of release, you must require a secured bond of at least $1,000. (2) (3) b. c. (4) If an OFA was issued for the defendant's failure to appear, the court date in the new release order should be the same as the court date set in the order for arrest, if any. Arrange to have the OFA served on the defendant as quickly as possible, but do not detain the defendant beyond the time when he or she satisfies the conditions of r