People v. The North River Ins. Co.

Opinion of the Court by Evans, J.

In California and throughout most of the United States, noncapital criminal defendants are eligible for pretrial release from custody pending trial by posting bail. (In re Humphrey (2021) 11 Cal.5th 135, 147 (Humphrey).) A bail bond is a “ ‘ “contract between the surety and the government whereby the surety acts as a guarantor of the defendant’s appearance in court under the risk of forfeiture of the bond.” ’ ” (People v. Safety National Casualty Corp. (2016) 62 Cal.4th 703, 709 (Safety National).) If a bonded defendant fails without sufficient excuse to appear in court as required, the trial court must declare the bail bond forfeited. (People v. American Contractors Indemnity Co. (2004) 33 Cal.4th 653, 658 (American Contractors).) Once a bail bond has been declared forfeited, the bond company has 180 days from the notice of forfeiture to either produce the defendant or demonstrate facts indicating that the forfeiture should be set aside. (Pen. Code, § 1305, subds. (c)–(g).)1 This 180-day period is often known as the appearance period and may be extended for up to an additional 180 days upon a showing of good cause. (§ 1305.4; see also American…