Bail Bond Agent Blog

State v. Vargas, 111 P.3d 621 (Idaho App. 2005) is a very unfortunate case. Alladin Bail Bonds appealed denial of its motion to set aside forfeiture and motion to extend the 90 day period to produce the defendant. The first motion was based on the fact that the clerk put the wrong date on the notice of forfeiture so it was mailed within the required five days of the actual forfeiture but said the failure to appear occurred on a future date. The court held that the notice was sufficient. The court noted that Alladin was not mislead by the clerk’s mistake. Unfortunately, on the second motion the court held that there was no statutory authority to extend the 90 days to recover the defendant even though it was the custom of the courts to do so. There was, therefore, no abuse of the trial court’s discretion in denying the extension requested by Alladin. Presumably, extensions will no longer be available unless or until legislation is obtained to authorize them.

Tags: Bail Bond Case Law //