Is a defendant's bail forfeited if they fail to appear in court?

California, United States of America


The following excerpt is from People v. Am. Contractors Indem. Co., H038148 (Cal. App. 2014):

"[Penal Code] [s]ection 1305, subdivision (a) requires that bail be forfeited if, without sufficient excuse, a defendant fails to appear for arraignment, trial, or judgment, or upon any other occasion when his or her presence in court is lawfully required." (People v. Ranger Ins. Co., supra, 66 Cal.App.4th at p. 1552.) "A defendant's presence is 'lawfully required' when there is 'a specific court order commanding his [or her] appearance at a date and time certain' [citation], or when a defendant has notice because he or she is present when the date and time for a mandatory appearance are set." (People v. Ranger Ins. Co. (1992) 6 Cal.App.4th 1301, 1304.)

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