People v. International Fidelity Ins. CA1/3

DISCUSSION

I. Bail Bond Forfeiture Procedures

A bail bond is a contract between the government and the surety under which the surety guarantees the defendant’s appearance in court under the risk of forfeiture of the bond. (People v. Financial Casualty & Surety, Inc. (2016) 2 Cal.5th 35, 42.) “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. ([Pen. Code,1] § 1305, subd. (a).) The [185-day period after] 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).) 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 toll the appearance period under certain circumstances, or extend the period by no more than 180

All undesignated statutory references are to the Penal Code.

2 days from the date the trial court orders the extension, provided that the surety files its motion…