Can a defendant's failure to attend a hearing on a section 995 motion under section 1305 of the California Criminal Code be grounds for forfeiture of his bail?

California, United States of America


The following excerpt is from People v. American Bankers Ins. Co., 225 Cal.App.3d 1378, 276 Cal.Rptr. 210 (Cal. App. 1990):

In People v. Classified Ins. Corp. (1985) 164 Cal.App.3d 341, 210 Cal.Rptr. 162, bail was forfeited when the defendant failed to appear at the hearing on a section 995 motion. The record did not reflect that the defendant had notice of this hearing. This court held: "Absent an order or other actual notification from the court that [the defendant's] appearance was required at a given date and time, the failure of [the defendant] to appear cannot be grounds for forfeiture of bail under section 1305." (Id. at p. 346, 210 Cal.Rptr. 162.)

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