People v. American Surety Co.
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A trial court set bail for a criminal defendant at $220,000. Due to a miscommunication, jail authorities had the figure at $120,000. American Surety posted a bond for $120,000. The defendant failed to appear at a scheduled appearance. The court ordered the bond forfeited. Arguing that a bail bond in an amount not set by the court is void, American moved to set aside the forfeiture. The court entered summary judgment against American under Penal Code 1306.
The court of appeal affirmed, rejecting an argument that the posting of a bond in an amount different from that ordered by the court did not create a valid contract because it lacked mutual assent. Authorities at the jail told American that the defendant could be released if a $120,000 bond was posted. American posted its bond in that amount and the defendant was released; “it appears that minds did meet.” The court also rejected an argument that the bond was void because the bail level was fixed without consideration of the defendant’s ability to pay. Even assuming that American had standing to protest an asserted violation of a third party’s constitutional right, irregularities in proceedings preliminary to the taking of bail are waived by the surety when it assumes its obligations upon the execution of the bond.
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