For the purpose of surrendering the defendant the sureties, at any time before they are finally charged, may arrest the defendant or by a written authority endorsed on a certified copy of the bond may empower any discreet person to do so.
818.21.Arrest of principal by bail.
Ch. 818: Arrest and Bail · Last amended 1993 · Last verified July 15, 2026
In one sentenceSection 818.21 lets sureties, at any time before they are finally charged on the bond, arrest the defendant themselves in order to surrender the defendant, or authorize any discreet person in writing to do so.
Full Text of Section 818.21
Plain-English Summary
Section 818.21 gives sureties a self-help tool for carrying out the surrender described in the surrender section that precedes it. For the purpose of surrendering the defendant, the sureties may arrest the defendant themselves, at any time before they are finally charged on the bond.
The sureties do not have to make the arrest personally. The section lets them empower any discreet person to do so instead, through a written authority endorsed on a certified copy of the bond.
This gives sureties a practical means of protecting themselves from liability on the bond: rather than waiting on the defendant to surrender voluntarily, or hoping the sheriff takes action, the sureties can act on their own or through someone they designate to bring the defendant in for surrender.
Frequently Asked Questions
Can sureties personally arrest the defendant they posted bail for?
Yes, at any time before they are finally charged, sureties may arrest the defendant for the purpose of surrendering the defendant.
Do the sureties have to make the arrest themselves?
No, they may instead empower any discreet person, in writing, to make the arrest on their behalf.
How is that authority to arrest documented?
Through a written authority endorsed on a certified copy of the bail bond.
Why would sureties want to arrest their own principal?
To surrender the defendant to the sheriff and be exonerated from further liability on the bond.
Is there a deadline for exercising this power?
Yes, the sureties must act before they are finally charged on the bond.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 758 (1975); Stats. 1975 s. 809.21; Sup. Ct. Order, 83 Wis. 2d xiiiv (1978); Stats. 1977 s. 818.21; 1993 a. 486.
Source & verification. Section text and official notes are
reproduced verbatim from the Wisconsin Statutes, published by the
Wisconsin Legislature (Legislative Reference Bureau). Last verified July 15, 2026.
· Official source
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