(1) If a surety fails to bring the defendant before the court within the time provided in Section 77-20b-102, the prosecuting attorney may request the forfeiture of the bail by: (a) filing a motion for bail forfeiture with the court, supported by proof of notice to the surety of the defendant's nonappearance; and (b) mailing a copy of the motion to the surety.
(a) filing a motion for bail forfeiture with the court, supported by proof of notice to the surety of the defendant's nonappearance; and
(b) mailing a copy of the motion to the surety.
(2) A court shall enter judgment of bail forfeiture without further notice if it finds by a preponderance of the evidence: (a) the defendant failed to appear as required; (b) the surety was given notice of the defendant's nonappearance in accordance with Section 77-20b-101; (c) the surety failed to bring the defendant to the court within the six-month period under Section 77-20b-102; and (d) the prosecutor has complied with the notice requirements under Subsection (1).
(a) the defendant failed to appear as required;
(b) the surety was given notice of the defendant's nonappearance in accordance with Section 77-20b-101;
(c) the surety failed to bring the defendant to the court within the six-month period under Section 77-20b-102; and
(d) the prosecutor has complied with the notice requirements under Subsection (1).
(3) If the surety shows by a preponderance of the evidence that it has failed to bring the defendant before the court because the defendant is deceased through no act of the surety, the court may not enter judgment of bail forfeiture and the bail bond is exonerated.
(4) The amount of bail forfeited is the face amount of the bail bond, but if the defendant is in the custody of another jurisdiction and the state extradites or intends to extradite the defendant, the court may reduce the amount forfeited to the actual or estimated costs of returning the defendant to the court's jurisdiction. A judgment under Subsection (5) shall: (a) identify the surety against whom judgment is granted; (b) specify the amount of bail forfeited; (c) grant the forfeiture of the bail; and (d) be docketed by the clerk of the court in the civil judgment docket.
(a) identify the surety against whom judgment is granted;
(b) specify the amount of bail forfeited;
(c) grant the forfeiture of the bail; and
(d) be docketed by the clerk of the court in the civil judgment docket.
(5) A prosecutor may immediately commence collection proceedings to execute a judgment of bail bond forfeiture against the assets of the surety.
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.