People v. Bankers Insurance Co.

Bankers posted a $25,000 bail bond for the defendant for misdemeanor charges. Defendant had a court date of July 19, at 1:30 p.m. On July 19, during the afternoon session, the trial court stated on the record that defense counsel "just walked in at 3:40. He indicates that he called, and he didn’t leave his name…. five minutes ago, I issued warrants …. Now that [defense counsel] has appeared, … the bench warrant issued is recalled.... The bond is reinstated since we never sent notice ... no fault of the defendant’s and no costs.” The box on the minute order for “Bail Forfeited” appears to have been checked and then crossed out; the order indicates the court gave the defendant a new court date and did not order a bench warrant. On October 25, neither the defendant nor his attorney appeared. The trial court forfeited the bail bond; the clerk mailed a notice of bail forfeiture the following day. In May 2017, Bankers moved to vacate the bond forfeiture and exonerate the bail bond based on the clerk’s failure to mail a notice of forfeiture following the July 19 hearing, Penal Code 1305(b). The court of appeal affirmed the denial of Bankers’ motion. The trial court retained jurisdiction over the bond. A trial court may correct a finding of forfeiture, just as it may correct other matters brought to its attention, during a calendar session. View "People v. Bankers Insurance Co." on Justia Law