Right of time extension in bail forfeiture PDF Print E-mail
In People v. Fairmont Specialty Group , 2008 WL 4697084 (Cal.App. October 27, 2008) the defendant was released with a notice to appear on October 27.  The court clerk rescheduled the appearance to October 31.  The defendant failed to appear on October 31, and the court forfeited the bond.  The surety obtained one 90 day extension of the appearance period, but the court refused to consider the merits of the surety's motion for another extension.  The Court of Appeals held that the court clerk had the power to reschedule the hearing, the defendant's appearance was not required on October 27, and the court did not lose jurisdiction by not forfeiting the bond on that date.  The trial court's denial of the surety's second motion to extend the appearance period, however, was an abuse of discretion because the court did not consider the merits of the request or the facts put forward by the surety to justify the additional extension.  The trial court seemed to think that there was time left in the appearance period and that the best way to gain a quick recovery of the defendant was to deny any further extension.  The surety's counsel explained that if the appearance period were not extended there was no reason for the surety to continue looking for the defendant, but the court did not want to hear the facts.  The Court of Appeals reversed the judgment and remanded the case for reconsideration of the surety's motion to extend the appearance period.