Can a person be "detained" within the meaning of section 1305, subdivision (d) of the California Civil Code?

California, United States of America


The following excerpt is from The People v. American Surety Insurance, 77 Cal. App. 4th 1063, 92 Cal.Rptr.2d 216 (Cal. App. 2000):

A person may be "detained" within the meaning of section 1305, subdivision (d), without being in the actual physical custody of civil authorities. "It is sufficient under this section . . . if it is proven that the defendant was restrained by civil authorities and that the restraint prevents his appearance on the date set for that appearance. [Citation.]" (People v. United Bonding Ins. Co. (1970) 12 Cal.App.3d 349, 352-353.)

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