Civil & Criminal Justice
This appears to be a harsh end result provided that the defendant was in prison in Mexico, however the court docket emphasised the surety and agent did little or no to observe him or keep knowledgeable about his nonappearance. In People v. Bray, 2007 WL (Mich.App. November 29, 2007) the defendant pled guilty however fled before sentencing. The trial court docket forfeited the bond, and the bail agent appealed arguing that the court should have thought of various equitable factors in deciding whether or not to grant full or partial remission of the forfeiture. The Court of Appeals held that this argument had not been presented to the trial court, and so was waived, and in any event the record did not set up that the path court abused its discretion in denying aid.
In State v. Thammavong, 2008 WL (Kan.App. March 21, 2008) the surety posted a bond to release the defendant. Several months later, the defendant was arrested on a new cost, and the surety once more supplied a bond. Apparently as a result of the brand new arrest, the bond within the first case was revoked and a new bond required for an increased amount. The defendant failed to seem within the second case and the court docket entered judgment in opposition to the surety.
In State v. Tuthill, 912 A.2nd 146 (N.J. Super. A.D. December 8, 2006) the court clerk erroneously despatched the surety a discover that the bond was canceled. The … Read More