When can a surety be released from liability on a bond?

• A. After the defendant is acquitted
• B. After the surety files an affidavit with the court that the defendant is in custody
• C. Immediately after posting bond
• D. After probation is completed

Answer: (B)

The surety on a bail bond remains liable until the court exonerates the bond. Filing an affidavit with the court stating that the defendant is in custody is a formal way to trigger that exoneration—the risk of the defendant fleeing no longer exists, so the court can release the surety from liability.

Posting bond initially doesn’t end the obligation, and while disposition of the case (like acquittal) or completion of probation may ultimately resolve matters, the specific mechanism described—an affidavit to show custody and prompt exoneration—is the process that releases the surety.