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Home > New Mexico Case Law >  State v. Valles
State v. Valles
The bail bond form which the Supreme Court requires sureties to sign when posting bail for a criminal defendant and a statute conflict on when the surety's obligation under the bond terminates.  The form states that the obligation under the bond is continuing and is in full force and effect until discharged and exonerated by the court.  The statute states that the obligations under the bond are null and void upon a finding that the accused is guilty.  The district court ruled that the form governs and rendered a forfeiture judgment against Defendant's surety, Linda Rice, B&B Bailbonds (Surety), obligating it to pay the full amount of the bond to the court. We hold that the statute governs and Surety's obligations under the bond ceased when Defendant pled guilty.  We therefore reverse.  Read more...

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