People v. Allegheny Casualty Co. CA2/1

BACKGROUND ON BAIL BOND STATUTES

“When a person for whom a bail bond has been posted fails without sufficient excuse to appear as required, the trial court must declare a forfeiture of the bond. (§ 1305, subd. (a).) The 185 days after the date the clerk of the court mails a notice of forfeiture (180 days plus five days for mailing) to the appropriate parties is known as the appearance period. (§ 1305, subd. (b).)

1Unless otherwise specified, subsequent statutory references are to the Penal Code.

2 During this time, the surety on the bond is entitled to move to have the forfeiture vacated and the bond exonerated on certain grounds, such as an appearance in court by the accused. (§ 1305, subd. (c)(1).) The trial court may also [extend] the appearance period . . . by no more than 180 days from the date the trial court orders the extension, provided that the surety files its motion before the original 185-day appearance period expires and demonstrates good cause for the extension. (§§ 1305, subds. (e), (i), 1305.4.)” (American Contractors, supra, 33 Cal.4th at p. 658, fn. omitted.) If the forfeiture is not vacated by the time the appearance period, including any extension, has…