California: Surety Entitled to Exoneration of Bail Bond Forfeited as a Result of Defendant’s Deportation
California: Surety Entitled to Exoneration of Bail Bond Forfeited as a Result of Defendant’s Deportation
by Michael Brodheim
The California Court of Appeal has held that a bail surety did not forfeit the bond it posted for a defendant who was deported before he could appear in court to answer the underlying criminal charge against him.
In June 2011, Financial Casualty & Surety, Inc. (Financial) posted a $100,000 bond for the release of Luciano Villa, who had been charged with driving under the influence. Villa was deported two days after the bond was posted, which made it impossible for him to appear in court. As a result, his bail was forfeited.
Financial sought to have the forfeiture vacated and its bond exonerated. The trial court found the company did not meet the statutory requirements set forth in Penal Code Section 1305(d) for exoneration of a forfeited bail bond, even when the defendant had been deported.
Specifically, the court held that because Financial “had full knowledge” of Villa’s immigration status when it posted a bond on his behalf, it had “unclean hands” and “should [therefore] be held responsible” for the bond forfeiture.
The Court of Appeal reversed, finding the trial court had “applied the wrong legal standard when it used the clean hands doctrine to deny Financial’s motion to vacate the order of forfeiture.” Even assuming Financial “should have known” that Villa would likely be deported after he was released on bond, that did not mean the company “connived” in his deportation.
Under the plain meaning of the statute, exoneration is mandatory absent “connivance of the bail” and the doctrine of clean hands had no relevance in this context, the appellate court wrote. See: County of Los Angeles v. Financial Casualty & Surety, Inc., 216 Cal. App. 4th 1192 (Cal. App. 2d Dist. 2013).
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Related legal case
County of Los Angeles v. Financial Casualty & Surety, Inc.
| Year | 2013 |
|---|---|
| Cite | 216 Cal. App. 4th 1192 (Cal. App. 2d Dist. 2013) |
| Level | State Court of Appeals |