Steps Of The Bail Process
The County didn’t contest the enchantment, and the Court of Appeals reversed denial of the movement to set aside the forfeiture. The trial courtroom had to declare the bond forfeited in open court docket as quickly because the defendant failed to appear without adequate excuse. From the record, it appeared that the court didn’t make such a declaration, and thus lost jurisdiction to declare a forfeiture later. The document was not entirely clear, however, and the Court noted that within the various, if forfeiture was declared in open courtroom on the time of the scheduled pretrial conference, the discover of forfeiture was not mailed inside 30 days.
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That was a separate, impartial basis to set aside the forfeiture. In either case, the surety was entitled to reduction from the forfeiture.
Only then did the clerk mail discover of forfeiture to the surety and agent. The court docket denied the agent’s movement to set aside the forfeiture, and the surety appealed.
First, the surety claimed that the bond ought to have been forfeited when the defendant failed to look on February 19. The Court discovered that the surety had not carried its burden of displaying what occurred on February 19, however in any event because the grievance had not yet been filed the bond could not have been forfeited. The case was subject to the 15 day rule of Penal Code Â§1305, and the complaint was filed throughout the 15 day period. Second, the surety argued that the bond ought to have exonerated on April 24 when the bail agent tried to give up the defendant.
Even if it had been an error, however, it would not make the abstract judgment void, solely voidable, and the abstract judgment was correctly not set aside as a result of the surety did not observe the rules for surrendering the defendant and exonerating the bond. His lawyer was current however could not clarify the defendant’s absence. Nevertheless, at the legal professional’s request the court agreed to hold the bench warrant till the preliminary hearing date and did not forfeit the bond. When the defendant failed to appear for the preliminary listening to, the courtroom forfeited the bond.
The trial court, nonetheless, had acknowledged that the consultant who appeared had no proof of authority and no certified copy of the bond or surrender certificates and didn’t specific a priority that the defendant was a flight threat. The Court rejected the surety’s argument based on the surety’s failure to comply with the statutory requirements to surrender the defendant. Third, the surety argued that the abstract judgment was void because when it was entered there was a pending motion to vacate the forfeiture. The trial court, however, had already denied two motions to vacate the forfeiture. The movement pending when the abstract judgment was entered was simply an try to re-litigate something the court had already determined.