bail forfeitures

Thought this was a good article involving bail forfeitures.

http://www.leagle.com/unsecure/page.htm ... 0100604028

I agree with their entire decision except for their response about the state's attorney. We have no control over them or their office and cannot move them to act, as such, their inaction was in fact a decision. Realistically, one cannot expect to meet the legal extradition requirements for an international extradition in 36 hours.

Scott

_________________
R.E. "Scott" MacLean III

"Leaders are like Eagles, you never see them in a flock, but one at a time"

Chesapeake Group Investigations, Inc.
Chesapeake Bail Bonds
877-574-0500
301-392-1100 (fax)
301-392-1900 (Office)

I read this decision earlier. There are a few important facts about it that those outside CA may not know.

The surety must have filed a motion for extension of the 180 day forfeiture period. The bond was forfeited in April of 2008 and the attorney filed the first set of motions in December 2008. That is past the initial 185 day forfeiture period.

So the bail agent got a 6 month extension. Then waited 2 more months before getting a lawyer to fight the forfeiture.

If the bail agent thought that the court had lost jurisdiction of the bond, he or she should not have applied for an extension.

Plus under CA 1305.4:
1305.4. Notwithstanding Section 1305, the surety insurer, the bail
agent, the surety, or the depositor may file a motion, based upon
good cause, for an order extending the 180-day period provided in
that section. The motion shall include a declaration or affidavit
that states the reasons showing good cause to extend that period. The
court, upon a hearing and a showing of good cause, may order the
period extended to a time not exceeding 180 days from its order. A
motion may be filed and calendared as provided in subdivision (i) of
Section 1305.

the bail agent must have convinced the court that he or she would be able to apprehend the defendant and return him to court if an extension was granted. So either they lied when motioning for the extension or they lied when they stated that they did not learn that the skip was a Mexican national until March of '09.

Now months later the bail agent supposedly just finds out the skip is a Mexican national and is in custody in Mexico. They then wait to five days before the final expiration of the forfeiture extension period to attack the SJ on technical reasons.

I'm sorry but, the court of appeals was correct on all points. Expecting to get a decision on extradition in 3 days from any DA in CA is wishful thinking. Plus, it would still have to go through Dep. of State and the U.S. Marshals before any action what so ever could be taken.

I know because I went through that process!

Bottom line, think twice about bailing a foreign national.

Thanks for the responses and help education those of use who trying to get our feet under us.

B
think TWICE and then ~ don't do it

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