Bail bond company can get forfeited money returned

Wednesday, Feb. 12, 2003 | 11:08 a.m.

SUN CAPITAL BUREAU

CARSON CITY -- A Las Vegas bail bond company has won a victory in the state Supreme Court allowing it to recover bail it posted for a suspect who did not appear in court as scheduled.

The court today overturned the ruling of District Judge Michael Douglas, who ordered the $3,000 bail posted by All Star Bonding be forfeited when a grand larceny suspect did not show up for sentencing.

All Star posted the bail guaranteeing appearance of the suspect for one year to expire in April 2001. The suspect did not appear for sentencing in May 2001 so Douglas ordered the bail forfeited.

Douglas said there was an implied requirement in a bail bond that the criminal defendant be returned to custody before a bondsman can be relieved of liability and recover his money.

The court said the law requires a bail bond terms be no shorter than one year. It said, "There is nothing in the bond contract itself, or in Nevada's statutes, that provides a requirement for delivery of the criminal defendant to custody after the expiration of the bond term."

The court noted the Clark County District Courts have now solved this problem by no longer accepting bonds with limited terms.