If the defendant does not appear and the court orders a forfeiture, can it be set aside if he later appears?
A court will sometimes order bail forfeited on the defendant’s nonappearance, then vacate the forfeiture to reinstate the bail when the defendant appears and offers an explanation for the absence. Some instances of this would be the nonappearance because of death, illness, or insanity, or detention by civil or military authorities, and if the absence was not with the connivance of the bail (acquiescence of the bonding company to the absence). An example of illness would be where the defendant is confined to bed by reason of a doctor’s order. If a defendant flees and the prosecuting agency does not seek extradition the bail may be exonerated.
A court will sometimes order bail forfeited on the defendant’s nonappearance, then vacate the forfeiture to reinstate the bail when the defendant appears and offers an explanation for the absence. Some instances of this would be the nonappearance because of death, illness, or insanity, or detention by civil or military authorities, and if the absence was not with the connivance of the bail (acquiescence of the bonding company to the absence). An example of illness would be where the defendant is confined to bed by reason of a doctor’s order. If a defendant flees and the prosecuting agency does not seek extradition the bail may be exonerated.
A court will sometimes order bail forfeited on the defendant s nonappearance, then vacate the forfeiture to reinstate the bail when the defendant appears and offers an explanation for the absence. Some instances of this would be the nonappearance because of death, illness, or insanity, or detention by civil or military authorities, and if the absence was not with the connivance of the bail (acquiescence of the bonding company to the absence). An example of illness would be where the defendant is confined to bed by reason of a doctor s order. If a defendant flees and the prosecuting agency does not seek extradition the bail may be exonerated.
A court will sometimes order bail forfeited on the defendants nonappearance, then vacate the forfeiture to reinstate the bail when the defendant appears and offers an explanation for the absence. Some instances of this would be the nonappearance because of death, illness, or insanity, or detention by civil or military authorities, and if the absence was not with the connivance of the bail (acquiescence of the bonding company to the absence). An example of illness would be where the defendant is confined to bed by reason of a doctors order. If a defendant flees and the prosecuting agency does not seek extradition the bail may be exonerated.
