Justia › US Law › Case Law › Arizona Case Law › Arizona Court of Appeals, Division Two - Unpublished Opinions Decisions › 2012 › IN RE THE BOND FORFEITURE OF $25,000 Receive free daily summaries of new opinions from the Arizona Supreme Court . 4. A city, town or county that adopts or has adopted an ordinance or resolution providing for bonding and forfeiture of an animal that has suffered cruel mistreatment or cruel neglect if the ordinance or resolution imposes requirements that . other penalties under the federal act for violating release conditions or failing to appear include bond forfeiture, fines, and additional prison time, which is tacked on . On receipt of a declaration of ownership and postseizure hearing request, the justice of the peace or city magistrate shall set a hearing date within fifteen business days. (d) Exoneration. The party alleging the failure to perform will have the burden of showing that the performance . B. If the defendant does not provide justification or proof of a valid reason for not appearing in court, the judge can issue a . In Re Bond Forfeiture in Pima County, 93 P.3d 1084 (Ariz. Ct. App. 24, 1998. For example, in some of our more serious felony cases, the Arizona criminal defense lawyers at The Gillespie Law Firm, P.C. The trial court may not condition the forfeiture on the bond company's further efforts to bring the defendant to court. . . Reveal number. For additional questions regarding criminal bonds, please contact the 4th Avenue jail at (602) 876-0322, located at 201 S. 4th Avenue, Phoenix AZ 85003. Ins. Message. A violation of the release terms may result in bail forfeiture or a new criminal offense. The judge called two breaks during the May 13 hearing after being told Clonch claimed to be on her way. Bond forfeiture is the encashment or enforcement of a guarantee by its . Ronan v. 6. At the hearing, the trial court ordered the $25,000 bond forfeited, and the . State v. J.O. If the defendant is absent at any one, though, the court will schedule a bail bond forfeiture hearing to decide whether to keep the money and reconsider the terms of release. If a defendant "jumps bail" or fails to appear at a scheduled court hearing, bail can be revoked. Bond forfeiture means that the court can collect the bond money because the surety failed to produce the accused in court, as required. Judicial in rem forfeiture proceedings. Berger v. Marquardt, 111 Ariz. 413, 531 P.2d 536 (1975), a bond company posted bail for a defendant who failed to appear. Participate in the capacity of an attorney at a trial or hearing of a person on whose bond the bail bond agent is the surety. Appellant failed to appear for his arraignment, however, and the trial court issued a bench warrant for his arrest and set a new bond in the amount of $30,000 cash only. Please have the full name, booking number, and/or date of birth available. State is represented by Ed Morgan. Court of Appeals of Arizona, Division 2, Department B. June 7, 2004. . Court of Appeals of Arizona: Writing for the Court: ECKERSTROM, J. Citation: 93 P.3d 1084,208 Ariz. 368: Parties: In re BOND FORFEITURE IN PIMA COUNTY CAUSE NUMBER CR-20031154: . Bail bond forfeiture results when a court appearance is missed, and the company or person who put up the bond is . The order must comply with Arizona Rule of Civil Procedure 58(a). Message - Arizona Court Rules. Document Cited authorities 4 Cited in 6 Precedent Map Related. 6. What is a bond hearing? . ¶7 Pursuant to Arizona Revised Statutes ("A.R.S.") § 12-2101(B) (2003), we have jurisdiction of this appeal. The trial court set the matter for a bond forfeiture hearing. The order must comply with Arizona Rule of Civil Procedure 58(a). The state may serve the complaint in the manner provided by section 13-4307 or by the Arizona rules of civil . ¶ 4 After two continuances, a bond forfeiture hearing was held on January 22, 2008, pursuant to Arizona Rule of Criminal Procedure 7.6.c. Bond Forfeiture Hearing State Of Arizona KEITH ALLEN HOUSSEAL TR2021-120242: 12/29/2021 11:00 AM Bond Forfeiture Hearing State Of Arizona JANET SOLEDAD OROZCO NARANJO TR2020-141044: 12/29/2021 1:00 PM The order must comply with Arizona Rule of Civil Procedure 58(a). (d) Exoneration. . The court issued a warrant and scheduled a bond forfeiture hearing. AnyLaw is the FREE and Friendly legal research service that gives you unlimited access to massive amounts of valuable legal data. The trial court set the matter for a bond forfeiture hearing. Arizona; Bond Forfeiture in CR-94019213, In Matter of, CR-94019213. . . Notice of Forfeiture. Bond Forfeiture Hearing State Of Arizona FRANK NONE GONZALES CC2021-161244: 5/16/2022 9:30 AM Garnishment Hearing - Undesignated . Terms Used In Arizona Laws 13-4281. ATLANTA — A judge denied bond for Sergio Kitchens, also known as Gunna, during a Monday's court hearing for Young Slime Life (YSL) indictment. Notice of Forfeiture. At the forfeiture hearing, the court may, in its discretion, order all or part of an appearance bond forfeited if the violation is not explained or excused. 2 CA-CV 2014-0157 (Aug. 28, 2015). 1998). The Court of Appeals, Lankford, J., held that: (1) statute governing bond forfeitures (which requires a hearing to be held more than 90 days before and less than 180 days after . Text . ordered bond forfeited, and the surety appealed. A few days later, and before the scheduled forfeiture hearing, the defendant was arrested on an unrelated federal charge. In Arizona, a bail bond hearing, also known as a release hearing, is the court appearance where a defendant can to reduce bail imposed during the arraignment. What you need at this point is for the case to either be recalled or resolved in its entirety and that . 1 CA-CV 97-0426 Court of Appeals of Arizona, Division 1, Department E.Feb. Log In. 2021. RELEASE Rule 7.6. c. Sets for the Forfeiture Procedure and notice requirements. Bond forfeiture in Maricopa County Arizona can be an expensive proposition and at the very least will cost the full amount of the bail. A judge decides on a set dollar amount, which must be paid to guarantee the defendant appears at their future court date. IT IS FURTHER ORDERED that bond forfeiture hearings for in-custody defendants will proceed in-person. Bond Forfeiture Hearing State Of Arizona KEITH ALLEN HOUSSEAL TR2021-120242: 12/29/2021 11:00 AM Bond Forfeiture Hearing State Of Arizona JANET SOLEDAD OROZCO NARANJO TR2020-141044: 12/29/2021 1:00 PM The order must comply with Arizona Rule of Civil Procedure 58(a). . What Is a Bond Forfeiture Hearing? Bond. They do this in order to make sure that the full bond amount is not forfeited by the judge at the bond forfeiture hearing. RIGHTS OF PARTIES RULE 7. A. ARIZONA REVISED STATUTES ANNOTATED RULES OF CRIMINAL PROCEDURE III. SUPERIOR COURT OF ARIZONA MARICOPA COUNTY CR2021-122938-001 SE 06/25/2021 Docket Code 133 Form R133A Page 1 CLERK OF THE COURT . A defendant may secure pretrial release through cash bail, bail bond, property bond, or in some cases, on the person's own recognizance. Gunna's defense attorney, Steve Sadow, proposed a list of conditions for the rapper's bond, including a $750K secured bond, house arrest with electronic monitoring, forfeiture of three properties and that Gunna's parents would also put up . STATE of Arizona v. EMPIRE AMERICAN BAIL BONDS, INC. No. The bond is . Garnishment Hearings OSC/Bond Forfeiture 10:15 a.m. tel: (910) 405-8459. What does Judgement on bond forfeiture mean? No. This dip is dust but only allow appropriate. ; including: means not limited to and is not a term of exclusion.See Arizona Laws 1-215; Magistrate: means an officer having power to issue a warrant for the arrest of a person charged with a . (3) Forfeiture. Florence was later arrested by Scottsdale Police on September 29, 2007. Dominguez's failure to appear nor did the courset a bond t forfeiture hearing. IT IS FURTHER ORDERED setting bond forfeiture hearing on 1/25/2022 at 1:30 p.m. before the Bond Forfeiture Judicial Officer, 175 West Madison Street, Phoenix, Arizona, 85003, A bail bond is a guarantee made on behalf of a defendant that the defendant will appear in court at the specified time. CourtListener is a project of Free Law Project, a federally-recognized 501(c)(3) non-profit. Sureties issuing bail bonds in the State of Arizona should be aware of a new case issued by the Arizona Court of Appeals (Division Two): State v. Int'l Fid. Court: . Private message. ARIZONA COURT OF APPEALS DIVISION TWO. 1 Answer from Attorneys. Litigants to a case will already have a link allowing them to participate in the process. Empire American Bail Bonds, Inc. ("Empire") appeals from the trial court's order denying its request for a new form of judgment. Defendant is neither present . In re Bond Forfeiture of $10,000. We will assist you with your Release Hearing. Contact DM Cantor and speak to an attorney about the Four Types of . Ariz. R. Crim. Co., No. . Florence was later arrested by Scottsdale Police on September 29, 2007. The dates that the bail bond licensee completed the approved continuing education courses. issued a bench warrant for the defendant's arrest, and set a bond forfeiture hearing. Although bond forfeiture proceedings arise out of a criminal prosecution, they are civil in nature. In addition, the judge set bond forfeiture hearing on why he should not order the forfeiture of the $5,000 cash bond posted by Clonch's father last year to secure her release from jail pending the outcome of the criminal case. 280, § 2820; A.S.A. The surety alone is responsible for the consequences of its decision to contract with the defendant to post an appearance bond on his or . The $50,000 Bond ¶11 In Arizona, "a surety assumes the risk of a defendant's failure to appear." In re Bond Forfeiture in Pima Cnty. UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE. December 16, 2015. The forfeiture hearing may be combined with a Rule 7.5(d) hearing. Bond Example Each state has its own procedures for setting bail and release. Bond forfeiture means that the court can collect the bond money because the surety failed to produce Joe in court, as required. A warning that if the owner fails to post a bond within ten days after the seizure, the animal will be deemed abandoned and become the property of the seizing agency. A. Research the case of IN RE THE BOND FORFEITURE OF $10,000.00, from the Court of Appeals of Arizona, 02-03-2021. 2 CA-CV 97-0126. Learn more on this page about the purposes of bail . IT IS FURTHER ORDERED all Arizona Rules of Criminal Procedure Rule 11 evidentiary hearings, including Sell hearings, will proceed in-person or by audio or video appearance, or as a combination thereof, as directed by the court. Arizona cases have recognized the civil nature of bail bond forfeiture proceedings at least since State ex rel. Bond forfeiture is the encashment or enforcement of a guarantee by its beneficiary under the terms of a guarantee agreement. 3. The bond forfeiture notice and the judgment date refer to the date that the bond will be forfeited if the matter is not taken care of before that date. RELEASE Rule 7.6. c. Sets for the Forfeiture Procedure and notice requirements. Cause No. RIGHTS OF PARTIES RULE 7. . Opinion for In Re Bond Forfeiture in Pima County, 93 P.3d 1084, 208 Ariz. 368 — Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. Alert. The defendant did not appear at the bond forfeiture hearing. A forfeited bond becomes the property of the jurisdiction hearing the case. This is the time set for bond forfeiture hearing. The defendant failed to appear for a settlement conference, and the court issued a bench warrant and scheduled a bond forfeiture hearing. Contact DM Cantor and speak to a Phoenix Criminal Defense Lawyer about your case. . 1998). ¶3 Approximately one year later, the state moved to forfeit the bond. . 6. 2 Crow appeared and contested the bond forfeiture. AnyLaw is the FREE and Friendly legal research service that gives you unlimited access to massive amounts of valuable legal data. In State ex rel. Juvenile Advisory Hearing State Of Arizona CT2022-059867: 5/18/2022 8:30 AM Arraignment Hearing - Citation CHAD ERIC PETZINGER CT2022-060193: 5/18/2022 . During this hearing, the judge determines whether or not the defendant had a valid reason for missing court. How is this helpful for me? At the same time, prosecutors have filed a motion to have Thug's attorney . STATE OF/ARIZONA COUNTY ATTORNEY CCC v. ROBERT SCOTT/BROTZ ROBERT SCOTT/BROTZ 3238 W STELLA LN PHOENIX AZ 85017-0000 JENNIFER FOULK 3307 W LOMA LN #2 PHOENIX AZ 85051-BOND FORFEITURE HEARING / BOND FORFEITED 2:57 p.m. Vincent. Order amending Rule 29 and adopting new form 21 (a) and Rule 41, Arizona Rules of Criminal Procedure on a permanent basis (authorizing a victim of sex trafficking who has been convicted of prostitution to apply to the court to have the conviction vacated). 1947, § 41-2820; Acts 1991 . Venue and of bond revocation between each is. B. 1. AnyLaw is the FREE and Friendly legal research service that gives you unlimited access to massive amounts of valuable legal data. The court set a hearing, ordering Rivera, Empire, and Frontier to appear and "show cause, if any they have, . The forfeiture hearing may be combined with a Rule 7.5(d) hearing. SUPERIOR COURT OF ARIZONA MARICOPA COUNTY 05/01/2000 CLERK OF THE COURT FORM R000A JUDGE PRO TEM LINDA MILES D. Glab . The courts issue a notice of bond forfeiture to the bond surety if the defendant fails to appear in court on the specified date. We rely on donations for our financial security. ¶4 The Pima County Sheriff's Department took Dominguez into custody on December 8, 2008. 3. rep self bond forfeiture hearing m1441cm2022000340 mclees, robert bruce state of arizona vs robert bruce mclees smith, kelly a. pretrial conference ON OFF. 2. Attorneys 10:30 a.m. SRL Civil Defaults (non-sum certain hearing requested) 10:30 a.m. Name Changes Activities permitted by or pursuant to title 3. of the bond, it must issue a bench warrant for that person's arrest and, within 120 days, conduct a bond forfeiture hearing. Lake Havasu City, Arizona 86403 Case Number / Party Name Hearing Type / Party Type Attorney IA CALENDAR LHC JUSTICE COURTROOM 8:00:00AM 9:00:00AM J0804CF2020000638 PRELIMINARY HEARING HOVDAL OFFICER TANNER KEKOA CHRISTIAN DEFENDANT J0804CF2021000084 BOND FORFEITURE HEARING JILL MAXINE WARD DEFENDANT TESCHLER OFFICER J0804CF2022000091 . Over the next year, the forfeiture hearing was continued . The forfeiture hearing may be combined with a Rule 7.5(d) hearing. The seizure of an equine pursuant to § 3-1721 . Notice of Forfeiture A. ARIZONA REVISED STATUTES ANNOTATED RULES OF CRIMINAL PROCEDURE III. Accept . Hilda Zamora, president of one of the bail bonds companies, appeared at the hearing and announced that she was the agent for the three companies. Learn more about the 4 types of release in Arizona for Felony Cases by clicking here. (1 . (4) Forfeiture. Generally, a bond forfeiture hearing is set when a party who has posted a bond has fail to perform the act for which the bond was posted. The purpose of bail is to permit a defendant to go home, rather than remain in jail or prison, while awaiting their trial, while also ensuring that . Kingman, Arizona 86401 Monday, May 2, 2022 Case Number / Party Name Hearing Type / Party Type Attorney COURT ROOM 1 8:00:00AM J0801TR2020001109 BOND FORFEITURE HEARING TROY HONAHNIE DEFENDANT 9:00:00AM J0801CV2022000460 EVICTION ACTION HEARING EVE GARLYN PLAINTIFF STEVE SMITH PLAINTIFF DEANDRE ALLEN LEWIS DEFENDANT - $500,000 to $10,000. Call. 14-52-111 Fees for Bail or Delivery of Bond (Municipal Police) 4 . ARIZONA REVISED STATUTES ANNOTATED RULES OF CRIMINAL PROCEDURE III. On receipt of a declaration of ownership and postseizure hearing request, the justice of the peace or city . On December 15, 2008, John . In Illinois, bonds can be posted to ensure performance under a wide range of situations. A bond forfeiture hearing is set when a defendant who was released on bond misses a subsequent court appearance. A bail bond is also known as an Appearance Bond. On receipt of a declaration of ownership and postseizure hearing request, the justice of the peace or city magistrate shall set a hearing date within fifteen business days. If a forfeiture is authorized by law, it may be ordered by a court on an action in rem brought by the state pursuant to a notice of pending forfeiture or a verified complaint for forfeiture. The Phoenix court will schedule a bond forfeiture hearing and all parties involved will be notified of time and date. Bond Forfeiture Hearing State Of Arizona ANTHONY ROBERT CERVANTES CT2021-202589: 2/17/2022 1:00 PM Arraignment Hearing . According to WSB-TV reporter Michael Seiden, attorneys for Young Thug will make their arguments for bond on June 2. Posted on Apr 21, 2016. Bond Forfeiture. - $2.5 million to $100,000. Bond Forfeiture Hearings are conducted to determine if a bond should be forfeited, restored, or exonerated due to some violation of release conditions. At that point, the defendant has lost the right to be free before trial. Please know that some cases will not be broadcast due to privacy concerns as outlined in Arizona Supreme Court Rules 122 and 123. Arizona Case Law 2007. At the bond revocation hearing, the company offered no excuse for the January 1, 2016. Matter of Bond Forfeiture in CR-94019213, 191 Ariz. 304, 305-06, 955 P.2d 541, 542-43 (App. If the bond is forfeited, those monies are then transferred from the Clerk of Court's records to the County Treasurer for disposition. HISTORY: Acts 1975, No. The rule of thumb is NEVER post a bond on anyone you are not 100% sure will abide by his/her Conditions of Release and will attend all of their Court hearings. bond forfeiture hearing - status conference initial appearance on petition to revoke 9:00:00 am gila county superior court calendar - tuesday, july 6 . Bail is an amount of money or the equivalent value in property that a criminal defendant may "pledge" (promise) to a court to secure their release from custody before and during their trial. Attorneys 10:30 a.m. SRL Civil Defaults (non-sum certain hearing requested) 10:30 a.m. Name Changes. probation pursuant to § 5-4-303 or an order to appear issued prior to a revocation hearing pursuant to § 5-4-310. - Reference.com Research the case of In re Bond Forfeiture, from the Court of Appeals of Arizona, 06-07-2004. Research the case of IN RE THE BOND FORFEITURE OF $10,000.00, from the Court of Appeals of Arizona, 02-03-2021. the bail bond company that it has issued a bench warrant for the defendant's arrest, in part because giving notice might make it difficult to serve the warrant. February. Get free access to the complete judgment in In re Bond Forfeiture of $10,000 on CaseMine. However, when individuals fail to make their following court date, the judge may issue a "Bond Forfeiture Hearing," where they decide whether the state should keep the defendant's money. Bail bonds are governed and bonded by state statutes. 2004). . India; UK & Ireland; Browse; CaseIQ TM; AttorneyIQ; Features; Help; x. On its own motion, the . At the bond forfeiture hearing, Surety introduced evidence that its fugitive-recovery agent, Marvin Bordeaux, had spent hundreds of . India; UK & Ireland; Log In Sign Up. State v. S.H. Common outcomes include 1. 85017-0000 JENNIFER FOULK 3307 W LOMA LN #2 PHOENIX AZ 85051-BOND FORFEITURE HEARING / BOND FORFEITED 2:57 p.m. RIGHTS OF PARTIES RULE 7. 8:30 a.m. Garnishment Hearings Uncontested FED SuppPros 10:15 a.m. Court of Appeals of Arizona,Division 2, Department A. The court will set a date to hear testimony on the bond forfeiture. The bail bondsmen are bond forfeiture order of a company to be. 1. 17-19-112 Unpaid Bond Forfeiture Judgment Limits 22 17-19-201 Licenses required 22 . In-Custody bond payments are also accepted 24-hours a day at this location. Appellant was eventually taken into custody, and after a bond forfeiture hearing, the court ordered $150 of the appearance bond forfeited and the remainder ($9,930) exonerated. Bond forfeiture is the encashment or enforcement of a guarantee by its . Court of Appeals of Arizona, Division 1, Department D. July 16, 2009. Decided: February 19, 1998 . If the court finds that the violation is not excused, it may enter an order forfeiting all or part of the bond amount, and the State may enforce that order as a civil judgment. Generally, bond is an amount set by the court, in either cash or property that is posted to ensure the arrestee/defendants appearance for court actions. . Justia › US Law › Case Law › Arizona Case Law › Arizona Court of Appeals, Division Two - Published Opinions Decisions › 2004 › IN RE BOND FORFEITURE IN PIMA COUNTY CAUSE CR-20031154 Receive free daily summaries of new opinions from the Arizona Supreme Court . The court did not abuse its discretion in forfeiting the bond. Matter of Bond Forfeiture in CR-94019213, 191 Ariz. 304, 305-06, 955 P.2d 541, 542-43 (App. CR-20031154, 208 Ariz. 368, ¶ 4, 93 P.3d 1084, 1085 (App. If you were arrested in Phoenix Arizona, or anywhere in Maricopa County, you may be required to post bond in order to be released. - $250,000 to $100,000. STATE OF/ARIZONA COUNTY ATTORNEY CCC v. ROBERT SCOTT/BROTZ ROBERT SCOTT/BROTZ 3238 W STELLA LN PHOENIX AZ 85017-0000 JENNIFER FOULK 3307 W LOMA LN #2 PHOENIX AZ 85051-BOND FORFEITURE HEARING / BOND FORFEITED 2:57 p.m. Whether the defendant is improve on your pending resolution of strict criminal proceeding or on probation, the court returns the bail money complete the bondsman. Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. ¶ 4 After two continuances, a bond forfeiture hearing was held on January 22, 2008, pursuant to Arizona Rule of Criminal Procedure 7.6.c. 2004) (2 times) View All Authorities Share Support FLP . have been successful in seeking bond reduction in Maricopa County Superior Court as follows: State v. S.D. The Arizona Rules of Criminal . For a free initial consultation, call us at 602-307-0808, or click here to contact us now. In re Forfeiture in the Amount of $10,000, 2007 WL 5369150 (Ariz . This . The forfeiture hearing may be combined with a Rule 7.5(d) hearing. Although bond forfeiture proceedings arise out of a criminal prosecution, they are Discussion s0400fw202100009 4:00:00 pm state of arizona review hearing - 60 day plaintiff vs jarrod lee westover defendant p0400fw202100011 4:00:00 pm state of arizona plaintiff vs peter raymond mendoza . March 5 hearing, the superior court issued a bench warrant for his arrest, denied Appellants' motion to exonerate the bond, and set a bond forfeiture hearing. although the rule requires the trial court to hold a bond forfeiture hearing within ten days of the day it learns that a condition of an appearance bond has been violated, the ten-day period is not . R-15-0032. IN RE: BOND FORFEITURE IN CR-94019213. 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