Bail Bonds Case, People vs Western Insurance

 

The bail bonds process in not an easy process to go through alone. There are many cases that show how complex it can be. In the case of People v. Western Insurance  Co. a defendant failed to appear in court and was found in India by the surety, or bondsman responsible for the defendant. The prosecutor indicated that he would seek extradition, but the process went on past the end of the extended appearance period.  The trial court entered summary judgment on the bond, and the bondsman appealed. The bondsman argued that the running of the appearance period should be tolled or postponed while the prosecutor tried for extradition of the defendant. The court argued that Penal Code §1305 provides for tolling if the defendant is temporarily disabled, for an extension of the appearance period not to exceed 180 days, and for exoneration if the prosecutor refuses to seek extradition. The court felt that in light of what is stated in the statue, it made the extension of the appearance period under the appearance of equitable tolling would be wrong. The court felt that the argument by the surety would be better addressed to the state legislature.

This case and many others like it serve as an example of the complexity of the bail process. If you or someone you know needs the help of a professional bondsman in Los Angeles county or Van Nuys who can assist you through the bail process, contact Escape Bail bonds at (855) BAIL-500. We are located near Los Angeles County and Van Nuys jail.

 

County of Los Angeles, Bail Bonds

The amount of bail set for a defendant can be quite costly. There are cases that illustrate that bail can reach tens of thousands of dollars. For instance, in the case of County of Los Angeles v. Indiana Lumbermens Mutual Insurance Co, A bondsman posted a $35,000 bond for a defendant. As a condition, the defendant was required to, “answer any charge in any accusatory pleading based upon the acts supporting the complaint … and any duly authorized amendments thereof.” When the complaint was written, it included additional charges against the defendant. The complaint also recommend bail be set at $80,000. The defendant did not appear for arraignment, and a bench warrant was issued in the amount of $80,000. The bond was forfeited and a summary judgment was entered. The bondsmen tried to set aside the court’s decision because the charges added and the higher bail added risk to the bondsmen. The surety also appealed the trial court’s refusal to set aside the judgment. The Court affirmed both rulings because the bondsman did not provide a reporter’s transcript and because the bond was not void.  The bond was correctly set at $35,000 based on the initial charges, and it was not voided because additional charges were filed and the amount increased.

At Escape Bail Bonds, there are professional bail bond services where they will be able to provide the lowest rates possible so that you or someone you know can get out of jail as soon as possible. We have professional bail bond services in Los Angeles County, Orange County and Van Nuys.