California Court of Appeal

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People v. Financial Casualty & Surety, 264718

Within the context of a court's forfeiture of a bail bond and the surety's entitlement to vacatur under if a defendant is later found out of state as long as the requirements of Pen. Code section 1305(g) are met -- (a) the defendant is temporarily detained by the bail agent in the presence of a local law enforcement officer, (b) the local officer submits a sworn affidavit positively identif[ying the defendant, and (c) the prosecuting agency elects not to seek extradition after being informed of the location of the defendant -- the trial court's denial of the motion to vacate the bond is affirmed where the prosecuting agency can refuse to make an election, and effectively deny the surety vacatur, unless the surety also provides the agency with a photograph or fingerprints to verify the defendant's presence in the foreign jurisdiction.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2017/04/03

Judges

  • HOFFSTADT

Court

  • California Court of Appeal

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