Navigating Bail
June 2007
In 1791, the Eighth Amendment established a defendant's constitutional right to bail.
General Credit
1. A defendant who has been arrested can post bail through a private surety bond arranged by a bail agent who usually charges 10% of the face value of the bond as the premium with collateral secured to insure the remaining 90%. True False
2. In counties such as Los Angeles, the courts follow a comprehensive bail schedule in setting bail for each offense. True False
3. If a defendant fails to appear on his or her court date—with or without a sufficient excuse—the bail is forfeited. True False
4. In order for a bail forfeiture to be effective, it must be declared by the judge in “open court.” True False
5. “Open court” for purposes of bail forfeiture means statements made by the judge when on the bench when the courtroom is open to the public, whether or not court is actually in session. True False
6. Because a bail agent is entitled to keep the 10% of the face value of a bond even if a defendant fails to appear in court, the normal rule that the law abhors forfeitures does not apply. True False
7. “Sufficient excuse” for a defendant’s failure to appear which will prevent a court from forfeiting bail includes the personal debilitating illness of the defendant. True False
8. The illness of a defendant’s relative—however grave—cannot be a “sufficient excuse” to prevent a court from forfeiting bail. True False
9. A “sufficient excuse” for a defendant’s failure to appear which is enough to prevent a court from forfeiting bail will include when a defendant’s attorney informs the court that the attorney would “endeavor to have [his client] brought in.” True False
10. When a defendant fails to appear, the court orders the bond forfeited, and the defendant appears later the same day, the court can reinstate the bond even if the court does not first give notice of the reinstatement to the bail agent. True False
11. When a defendant fails to appear, the court orders the bond forfeited, and the defendant appears the very next day, the court can reinstate the bond even if the court does not first give notice of the reinstatement to the bail agent. True False
12. Within 30 days of bail being forfeited the court clerk must mail written notice to both the bail agent and the surety, and if the clerk fails to do so, the forfeiture is exonerated. True False
13. Under Penal Codes section 1305, once the bail agent receives notice of the forfeiture, the agent has 185 days to find the defendant and surrender him or her to the court, however, if the defendant is captured by law enforcement in the underlying case within this period without the agent’s assistance, then bond is not exonerated. True False
14. If the court is satisfied within 185 days of the forfeiture that the defendant is now permanently residing in a foreign country, even if he is not in custody in the foreign country, the bond is exonerated. True False
15. Under Penal Code section 1305(g), when a bail agent temporarily detains a defendant outside California’s jurisdiction in the presence of a local law enforcement officer who elects not to seek extradition, bond is exonerated, even if the foreign official is a notary public. True False
16. Under Penal Code section 1305(g), when a bail agent temporarily detains a defendant outside California’s jurisdiction in the presence of a local law enforcement officer, the California officials do not have to request extradition when it is known that extradition is not feasible due to the policies of the foreign state. True False
17. A trial court can extend the Penal Code section 1305 185-day period by an additional 180 days if the bail agent shows good cause. True False
18. Good cause to earn up to 180 more days to find a defendant requires the bail agent to prove that he or she is actively pursuing the defendant and there is a reasonable likelihood that he or she can be captured if given more time. True False
19. Once the bail agent has exhausted all the time in which to locate the defendant, summary judgment in the court’s favor is automatically deemed to occur. True False
20. If a clerk signs a summary judgment order after the bail agent has exhausted all the time in which to locate the defendant, the order is ineffective; a judge must personally sign the summary judgment order for it to be effective. True False
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