Wednesday, April 8, 2009

District Court Can Forfeit Bail Bond Without a Hearing

image State v. John Vang, Integrity Bonding Company, Minn.Ct.App., 3/31/2009.  This is just barely a criminal case, but, after all, the bail bonding company is a defendant's friend.  The bonding company put up ten large for Mr. Vang.  Mr. Vang skipped out on his sentencing hearing.  The bonding company went looking for him, without success, but kept the trial court more or less informed of its efforts.  The bonding company threw in the towel on finding Mr. Vang but requested reinstatement of its money anyway, in support of which it recited its efforts to find Mr. Vang.  The trial court forfeited all but $500.00 of the bail, and did so without a hearing.  This annoyed the bonding company.

There's actually a rule on this, Minn.R.Gen.Pract. 702(f).  The rule doesn't say anything about holding a hearing.  So, the appellate court reasoned, unless you ask for a hearing you don't get one.  Or, at least, if you don't get one you can't complain about it.  End of story.  The appellate court also said that the trial court did not abuse its discretion by reinstating only $500.00 of the bail.

Where's Stephanie Plum when you need her?

I handed him my business card. "I represent Vincent Plum Bail Bonds. You've missed your court date, and we'd appreciate it if you'd reschedule."
"No," Briggs said.
"Excuse me?"
"No. I'm not going to reschedule. No. I'm not going to court. It was a bogus arrest."
"The way our system works is that you're supposed to tell that to the judge."
"Fine. Go get the judge."
"The judge doesn't do house calls."
"Listen, I got a lot of work to do," Briggs said, closing his door. "I gotta go."
"Hold it!" I said. "You can't just ignore an order to appear in court."
"Watch me."

High Five, Janet Evanovich, St. Martin’s Paperbacks (2000).

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