Kiperman

This is an appeal by a bail bond agent, Richard David Kiperman, from an order directing the return of bail bond premiums in the amount of $17,000. He contends the trial court abused its discretion in (1) ordering relief from liability and return of the premium paid on the first bail bond, and (2) ordering return of the premium paid on the second bail bond when good cause for surrender was shown. We agree and reverse.

FACTUAL AND PROCEDURAL SUMMARY

In December of 2003, defendant Erik Arnold Klenshetyn was charged in a complaint with making terrorist threats, being a felon in possession of a firearm, possessing narcotics for sale, and possessing marijuana. Bail was set at $85,000, and Seneca Insurance Company posted the bond for defendant’s release from custody. At arraignment on January 8, 2004, the trial court granted the prosecutor’s motion to increase bail to $250,000, and remanded defendant to custody.

On January 9, Accredited Surety and Casualty Company (Accredited) posted a bail bond in the amount of $250,000, for defendant’s release. The premium charged for the bond was $25,000. Several days later, the defendant, who was out of custody and on Accredited’s bail…