Forfeiture After Failure to Appear and Out-of-County Custody
An Allegheny County bail bondsman writes a $50,000 surety bond for a defendant facing robbery and aggravated assault charges. The defendant is released after his mother signs an indemnity agreement and pledges $5,000 cash collateral. The court orders the defendant to appear at a pretrial conference, but he does not show. The judge declares the bond forfeited and issues a bench warrant. Three days later, the bondsman receives a tip that the defendant is in custody in Westmoreland County on unrelated drug charges. The bondsman has not yet notified the Allegheny County court or the district attorney. The court's forfeiture order states that a hearing will be held in 30 days to determine final judgment. The bondsman has 14 days before the hearing and wants to avoid paying the full $50,000.
1. What steps should the bondsman take immediately after learning that the defendant is incarcerated in another county, and what is the reasoning behind each step?
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The bondsman should act quickly because a forfeiture is not the same as a final, unappealable judgment. A prompt response preserves the surety's opportunity to avoid or reduce liability.
- Verify custody in writing. Obtain the Westmoreland County inmate number, charging documents, and booking date. A telephone tip is not enough; the bondsman needs documentary proof that the defendant is actually confined and cannot appear.
- Notify the Allegheny County court and district attorney in writing. The notice should identify the case, the forfeiture order, the defendant's current place of confinement, and the bondsman's intent to seek relief. Early notice rebuts any claim that the bondsman sat on the information.
- File a petition to set aside or stay the forfeiture before the 30-day hearing, or ask the court to continue the hearing so the defendant can be produced. The petition should attach proof of custody and explain that the defendant is available to be returned to Allegheny County.
- Coordinate production. The bondsman should ask the court for a writ or transport order, or work with the Westmoreland County authorities to have the defendant returned for the hearing. Producing the defendant is the strongest argument for exoneration.
- Notify the indemnitor. The mother should be told what happened and what collateral is at risk. This protects the bondsman if the indemnitor later claims lack of notice.
The bondsman should not assume that out-of-county custody automatically exonerates the bond. The court retains discretion, and delay can be treated as a waiver of relief.
2. At the hearing, what facts support remission or exoneration, and what facts cut against the bondsman?
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The court will weigh whether the bondsman acted responsibly and whether the surety caused prejudice to the court or the prosecution.
Facts supporting relief:
- The defendant is in custody, so he is not a fugitive and can be produced for future proceedings.
- The bondsman acted within days of learning of the incarceration and before the final-judgment hearing.
- The failure to appear was followed by prompt efforts to notify the court and locate the defendant.
- The defendant's absence from the pretrial conference did not prevent the case from moving forward; the court can reschedule.
Facts cutting against the bondsman:
- The defendant missed a court date, which is a serious breach of the bail contract.
- The bondsman did not notify the court immediately after the failure to appear; the three-day delay and the lack of any earlier notice may be criticized.
- The defendant left Allegheny County and was arrested elsewhere, suggesting flight or lack of supervision.
- The bondsman has not yet produced the defendant, so the court may be reluctant to exonerate before actual production.
The best argument is that the purpose of bail is to secure the defendant's appearance, and the defendant is now secured. The bondsman should offer to pay reasonable costs of transport and should be prepared to accept a reduced forfeiture rather than insisting on complete exoneration.
3. What records should the bondsman create and retain in connection with this event?
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The bondsman should build a contemporaneous file that shows diligence and supports any future regulatory or court review. The file should include:
- A copy of the bond, indemnity agreement, and collateral receipt.
- The court's forfeiture order and bench warrant.
- A written log of the date and time the tip was received, who provided it, and what was done to verify it.
- Inmate verification documents from Westmoreland County, including booking date, inmate number, and charges.
- Copies of all notices sent to the court, district attorney, and indemnitor, with proof of delivery.
- The petition to set aside or stay forfeiture, any court orders, and hearing notices.
- Records of transport arrangements, writ requests, and costs incurred.
- A summary of communications with the defendant's mother and any request she makes regarding collateral.
These records matter for several reasons: they support the bondsman's position at the forfeiture hearing, they satisfy recordkeeping duties, and they protect the bondsman if the indemnitor disputes the return of collateral. The bondsman should retain the records for the period required by the licensing regulator and should not rely on memory or informal notes.