People v. Accredited Surety and Casualty Co.

FACTS AND PROCEEDINGS

On August 23, 2018, Mark Garcia Bail Bonds, acting as the agent for Accredited Surety and Casualty Company, Inc., a Florida corporation (collectively, Surety), posted a $50,000 bail bond for the release of Miguel Angel Corrales from custody. Corrales had been charged with felony corporal injury to a spouse or cohabitant in violation of section 273.5, subdivision (a). First Forfeiture Corrales made his initial court appearance, but failed to appear in court on September 24, 2018. In accordance with section 1305, which governs the forfeiture of bail, the court declared the bond forfeited in open court. (§ 1305, subd. (a)(1).) Later

Subsequent unlabeled statutory references are to the Penal Code.

2 that day, the clerk of the superior court completed the next step of section 1305’s forfeiture procedure by mailing notice of the forfeiture to Surety. (§ 1305, subd. (b)(1).) Thereafter, Surety had 185 days (180 days plus five days for service by mail) to produce the defendant in court and have the forfeiture set aside. (§ 1305, subds. (b)(1), (c)(1).) The 185-day period and any extensions is known as the appearance period or the exoneration period. In…