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View Full Version : Can Courtney Love get her forfeited bail money back or is it gone forever?


astro
07-10-2004, 01:07 PM
Per this story - "Was Love lost? Snubs L.A. judge" (http://www.nydailynews.com/news/crime_file/story/210621p-181494c.html)

LOS ANGELES - Courtney Love got an unwanted 40th birthday present yesterday: a warrant for her arrest. The rocker was threatened with jail after she failed to show up for her arraignment in California on a charge of assault with a deadly weapon.

The troubled Hole frontwoman is also out $55,000 - the bail revoked by L.A. court Commissioner Dennis Mulcahy.

Q.E.D.
07-10-2004, 01:58 PM
Possibly (http://www.americanbailcoalition.com/Bail%20Laws/California%20Bail%20Laws.htm):
5. Forfeiture Defenses.

The California Penal Code establishes a number of conditions under which the forfeiture [of bail] is set aside:

if case is dismissed or no complaint is filed within 15 days of arraignment [1305(a)(5)],

if the clerk fails to mail forfeiture notice within 30 days or fail to mail to both agent and surety [1305(b)(1)-(3)],

if defendant is returned to court within the 180 period [1305(b)(1)-(3)],

if defendant is permanently disabled [PC 1305(d)], deceased or otherwise permanently unable to appear [PC 1305(d)(1)], temporarily disabled [PC 1305(e)(1)-(3)], or in custody beyond jurisdiction of the court [PC 1305(f)(g)],

a motion is filed by the agent/surety within the 180 day period to be heard within 30 of the expiration of the 180 day period [PC 1305(I)], 1305.4],

if the court has reason to believe there is a sufficient excuse for a failure to appear, it may continue the case for a period it deems reasonable [PC 1305.1].

Chairman Pow
07-10-2004, 06:04 PM
Huh. I always figured that you paid a bondsman a premium, which he of course kept, in exchange for him putting up the rest of the cash.

Frank
07-10-2004, 10:16 PM
Huh. I always figured that you paid a bondsman a premium, which he of course kept, in exchange for him putting up the rest of the cash.
A bondsman (or a surety) is not needed if one can put up the bond oneself. Jackson, for instance, put up his own bond. That statute kind of read as if was applicable only to bondsmen/sureties.