Additional Charges Don't ALWAYS Increase Risk PDF Print E-mail
In Continental Heritage Insurance Co. v. State, 2008 WL 3914836 (Fla.App. August 27, 2008) the defendant failed to appear at his arraignment and the bond was estreated.  At the arraignment the state also filed an additional felony charge.  The surety argued that the additional charge increased the surety's risk without its consent and exonerated the bond.  The Court recognized that in a proper case an additional charge could discharge the surety, but in this case the new charge was filed after the defendant had already failed to appear.  There was no evidence that the defendant knew of the new charge, and the Court affirmed estreature of the bond.