People v. Fairmont Specialty Group

Appellant Fairmont Specialty Group raises the issue whether the forfeiture of a bail bond which occurs when a defendant fails to appear at a scheduled criminal hearing should be set aside under Penal Code section 1305, subdivision (c)(2) when, within 185 days of the declaration of forfeiture, the defendant is arrested on an unrelated offense, the outstanding bench warrant is discovered by the arresting authorities, but the defendant is released at the behest of law enforcement officials in whose jurisdiction the original crime occurred. We conclude that under the facts presented, the defendant was under “ ‘arrest’ ” or on “hold” within the meaning of section 1305, subdivision (h), and that Fairmont’s motion to vacate the forfeiture and exonerate the bond should have been granted.

FACTUAL AND PROCEDURAL BACKGROUND

On January 3, 2006, Bad Boys Bail Bonds, acting as an agent of Fairmont, posted bond for the release of Yolanda Patrice Davis in case No. YA063302. On July 12, 2006, Davis failed to appear at a scheduled hearing. The court declared the bail forfeited and issued a bench warrant. The clerk mailed notice of forfeiture to Fairmont on July 14, 2006. The notice…