When a defendant for whom a bail bond has been posted fails to appear in court, can the surety that posted the bond challenge the forfeiture of the bond?

California, United States of America


The following excerpt is from People v. Int'l Fid. Ins. Co., F062999 (Cal. App. 2013):

When a criminal defendant for whom a bail bond has been posted fails to appear, the trial court must declare the bond forfeited in open court. ( 1305, subd. (a).) Thereafter, the surety that posted the bond has a statutory "appearance" period in which to either produce the accused in court and have the forfeiture set aside or demonstrate other circumstances requiring the court to vacate the forfeiture. (People v. American Contractors Indemnity Co. (2004) 33 Cal.4th 653, 657.)

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