California Bond Exonerations

California Penal Code Section 1305, subdivision (g), provides as follows:

In all cases of forfeiture where a defendant is not in custody and is beyond the jurisdiction of the state, is temporarily detained, by the bail agent, in the presence of a local law enforcement officer of the jurisdiction in which the defendant is located, and is positively identified by that law enforcement officer as the wanted defendant in an affidavit signed under penalty of perjury, and the prosecuting agency elects not to seek extradition after being informed of the location of the defendant, the court shall vacate the forfeiture and exonerate the bond on terms that are just and do not exceed the terms imposed in similar situations with respect to other forms of pretrial release.

In the case of County of Los Angeles v. American Contractors Indemnity Co., (2007) 152 Cal.App.4th 661, the Court of Appeal permits a liberal interpretation of Penal Code § 1305(g), recognizing that a bail agent operating in a foreign country, tracking a fugitive cannot have a “lawyer in tow” to advise them on the technicalities of California law.

Minor irregularities in the paperwork will not defeat a Penal Code § 1305(g) motion where the District Attorney elects not to extradite.

While our organization cannot promise you a "lawyer in tow" we can give you the next best thing: a California certified and experienced Bail Fugitive Recovery Agent that understands the law and has demonstrated competence in the law by graduating from an ABA approved law school and then going on to pass the California State Bar Examination.

By arming yourself with the services of a highly skilled Bail Fugitive Recovery Agent who regularly appears on behalf of others in administrative court hearings and has the same training and demonstrated competence required of a member of the California State Bar Association, you can avoid irregularities in your paperwork and glitches in your case that will delay or even prevent exoneration of your bond.

If you have a large bond forfeiture and obtain information that the defendant is outside of the United States, don't risk a summary judgment. Make sure you handle this situation correctly the first time by assigning the matter to professionals in international fugitive recovery.