Forfeiture Remission When Client Is Found In Mexico PDF Print E-mail
In re Forfeiture in the Amount of $10,000, 2007 WL 5369150 (Ariz.App. July 10, 2007) affirmed the trial court's exercise of its discretion not to remit any portion of a bond forfeiture.  The defendant failed to appear and the court issued a bench warrant.  Several months later, the court held a hearing on the state's application for a rule to show cause why the bond should not be forfeited.  The defendant had fled to Mexico, but the surety located him there and brought him to the U.S. border.  While the defendant was at U.S. Customs, they called the local police who did not locate the warrant and did not arrest the defendant.  The court held that the bond was properly forfeited because forfeiture is based on the defendant's actions, not the surety's, and here the defendant willfully fled to Mexico.  On the issue of remitting all or any part of the forfeiture, the trial court has discretion.  The trial court considered the surety's unsuccessful efforts to return the defendant to custody and the other factors required, and thus did not abuse its discretion in refusing to remit any of the forfeiture.