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District Attorney's Letter Does Not Substitute For a Court Order: Why Having a Good Defense Attorney Can Save You Money-Penal Code Section 1305 and the Law of Bail Forfeitures

By Walin & Klarich

A recent California Appeals Court decision (People v. American Surety Insurance Co.) held that bail was not forfeited when a defendant failed to appear at an arraignment. California Penal Code Section 1305 provides that a trial court shall not have jurisdiction to declare a bail forfeiture if no complaint is filed within 15 days from the arraignment. In this case, the defendant appeared at his initial arraignment, but the case was not officially called on the court calendar. The district attorney in charge of the case wrote the defendant a letter, informing him that he would have to appear on the new date. When the defendant failed to appear on the date requested, the trial court ordered that bail be forfeited and contacted the insurer of the bail company.continue to full post

Full post as published by Southern California Criminal Defense Blog on January 23, 2010 (boomark / email).