People v. Safety National

FACTS AND PROCEDURAL HISTORY

Elshaddai Machabeus Bent was charged with felony drunk driving in November 2010. Bail was set at $25,000, and the bail bond was executed by Safety National Casualty Co. through its agent, High Five Bail Bonds. Between November 2010 and April 5, 2011, Bent, who was represented by counsel, appeared at several hearings held before different judges or court commissioners. At the conclusion of some of those hearings, the trial court said, “bail will stand.” At some, it ordered Bent to appear at the next hearing. At others, it said both, and others it said neither. At a March 1, 2011 hearing, the trial court asked defense counsel, “[w]hat’s your preference for pretrial?” Defense counsel said early April and the trial court said the “pretrial conference” would be held April 5, 2011. At the end of that hearing, the trial court did not say that bail would stand or order Bent to appear on April 5. On April 5, 2011, Bent appeared before Judge Martin L. Herscovitz for the first time. The trial court said there had been settlement discussions and an agreement “to put the case over to May 2 with the understanding that any trial would be within 45 days of that day.”…