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In a 2 to 1 decision, the Court of Appeals adopted a “no harm no foul” reading of the statute. Because the bail agent knew the defendant had not appeared and that a forfeiture can be entered, he could have presented any reasons he had why judgment should not have been entered. The Court relied on State v. Ward, 372 N.E.second 586 (Ohio 1978) in which the Ohio Supreme Court affirmed use of a conditional judgment in which the judgment was entered before the discover but supplied that it might become last in 20 days if the surety did not produce the defendant. In State v. Hein, 2006 WL (Ohio App. June 7, 2006) the courtroom dismissed the surety’s attraction for lack of jurisdiction. When the defendant failed to look, the trial court noted, “Surety bonds posted to be forfeited” and the clerk sent the surety a letter stating that the bond had been forfeited, however the courtroom never truly ordered forfeiture.
In Commonwealth of Pennsylvania v. Mayfield, 2003 WL (Pa. Super. May 30, 2003) the defendant violated a situation of his bail by committing an assault shortly after launch. The courtroom held that in considering remission of forfeiture, a court should think about the willfulness of the defendant’s breach, the fee, inconvenience and prejudice to the government and any explanation or mitigating circumstances. The Court of Appeals did not think the information supported forfeiture, however at least the willfulness test ought … Read More
