Exoneration - Bail - Penal Law - CA

Section § 1300

This section explains the process for bail or a depositor to surrender a defendant they have bailed out back to the authorities, and be released from the obligation of the bail. First, they need to provide certain documents to the officer who will take the defendant into custody. They must also try to inform the defendant's lawyer about the surrender.

After surrender, the officer has 48 hours to present the defendant to the court, which will inform the defendant about their rights regarding previous waivers. The court can also decide whether the premium paid for the bail should be returned. If the court agrees, the bail or deposit is officially released.

If the defendant hasn’t broken any court rules or missed appearances, the court can require bail or depositors to return the bail premium to whoever paid it initially, if there's no good reason for the surrender.

(a) At any time before the forfeiture of their undertaking, or deposit by a third person, the bail or the depositor may surrender the defendant in their exoneration, or he may surrender himself, to the officer to whose custody he was committed at the time of giving bail, in the following manner:

(1) A certified copy of the undertaking of the bail, a certified copy of the certificate of deposit where a deposit is made, or an affidavit given by the bail licensee or surety company listing all that specific information that would be included on a certified copy of an undertaking of bail, must be delivered to the officer who must detain the defendant in his custody thereon as upon a commitment, and by a certificate in writing acknowledge the surrender.

(2) The bail or depositor, upon surrendering the defendant, shall make reasonable effort to give notice to the defendant’s last attorney of record, if any, of such surrender.

(3) The officer to whom the defendant is surrendered shall, within 48 hours of the surrender, bring the defendant before the court in which the defendant is next to appear on the case for which he has been surrendered. The court shall advise the defendant of his right to move the court for an order permitting the withdrawal of any previous waiver of time and shall advise him of the authority of the court, as provided in subdivision (b), to order return of the premium paid by the defendant or other person, or any part of it.

(4) Upon the undertaking, or certificate of deposit, and the certificate of the officer, the court in which the action or appeal is pending may, upon notice of five days to the district attorney of the county, with a copy of the undertaking, or certificate of deposit, and the certificate of the officer, order that the bail or deposit be exonerated. However, if the defendant is released on his own recognizance or on another bond before the issuance of such an order, the court shall order that the bail or deposit be exonerated without prejudice to the court’s authority under subdivision (b). On filing the order and papers used on the application, they are exonerated accordingly.

(b) Notwithstanding subdivision (a), if the court determines that good cause does not exist for the surrender of a defendant who has not failed to appear or has not violated any order of the court, it may, in its discretion, order the bail or the depositor to return to the defendant or other person who has paid the premium or any part of it, all of the money so paid or any part of it.

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Section § 1301

This law covers how those who post bail or deposit money to release a defendant can lawfully arrest and surrender them if necessary. They can do this by directly making the arrest or by authorizing someone else to do so.

After the arrest, the defendant must be delivered to the court or local law enforcement where they are required to appear, and this must be done without delay—within 48 hours. If the person arresting the defendant does not do this, they may face misdemeanor charges.

The defendant can waive the 48-hour time requirement with written consent, but they can revoke this waiver at any time, after which the requirement to deliver them within 48 hours is reinstated.

Additionally, if the 48-hour deadline falls on a weekend or holiday, the delivery deadline extends to the next non-holiday weekday morning. This law aims to ensure defendants are promptly brought to court while allowing some flexibility.

For the purpose of surrendering the defendant, the bail or any person who has deposited money or bonds to secure the release of the defendant, at any time before such bail or other person is finally discharged, and at any place within the state, may himself arrest defendant, or by written authority indorsed on a certified copy of the undertaking or a certified copy of the certificate of deposit, may empower any person of suitable age to do so.

Any bail or other person who so arrests a defendant in this state shall, without unnecessary delay, and, in any event, within 48 hours of the arrest, deliver the defendant to the court or magistrate before whom the defendant is required to appear or to the custody of the sheriff or police for confinement in the appropriate jail in the county or city in which defendant is required to appear. Any bail or other person who arrests a defendant outside this state shall, without unnecessary delay after the time defendant is brought into this state, and, in any event, within 48 hours after defendant is brought into this state, deliver the defendant to the custody of the court or magistrate before whom the defendant is required to appear or to the custody of the sheriff or police for confinement in the appropriate jail in the county or city in which defendant is required to appear.

Any bail or other person who willfully fails to deliver a defendant to the court, magistrate, sheriff, or police as required by this section is guilty of a misdemeanor.

The provisions of this section relating to the time of delivery of a defendant are for his benefit and, with the consent of the bail, may be waived by him. To be valid, such waiver shall be in writing, signed by the defendant, and delivered to such bail or other person within 48 hours after the defendant’s arrest or entry into this state, as the case may be. The defendant, at any time and in the same manner, may revoke said waiver. Whereupon, he shall be delivered as provided herein without unnecessary delay and, in any event within 48 hours from the time of such revocation.

If any 48-hour period specified in this section terminates on a Saturday, Sunday, or holiday, delivery of a defendant by a bail or other person to the court or magistrate or to the custody of the sheriff or police may, without violating this section, take place before noon on the next day following which is not a Saturday, Sunday, or holiday.

surrendering a defendant bail arrest authority 48-hour delivery requirement ...

Section § 1302

If someone deposits money as a bail alternative, and the defendant turns themselves in to the police before the bail is forfeited, the court must give back the deposited money. This is done upon showing proof of the defendant's surrender and giving five days' notice to the district attorney, along with a copy of the surrender certificate.

If money has been deposited instead of bail, and the defendant, at any time before the forfeiture thereof, surrenders himself or herself to the officer to whom the commitment was directed, in the manner provided in Sections 1300 and 1301, the court shall order a return of the deposit to the defendant or to the person or persons found by the court to have deposited said money on behalf of the defendant, upon the production of the certificate of the officer showing the surrender, and upon a notice of five days to the district attorney, with a copy of the certificate.

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Section § 1303

This law states that if a case against someone who has posted bail is dismissed, the bail doesn't get returned immediately. It takes 15 days after the dismissal for the bail to be exonerated, just in case the defendant gets arrested again for a similar crime within that time. If re-arrested, the same bail can be used for the new charge. Also, the court must inform the bail bondsman and surety by mail if the bail is redirected to the new offense.

If an action or proceeding against a defendant who has been admitted to bail is dismissed, the bail shall not be exonerated until a period of 15 days has elapsed since the entry of the order of dismissal. If, within such period, the defendant is arrested and charged with a public offense arising out of the same act or omission upon which the action or proceeding was based, the bail shall be applied to the public offense. If an undertaking of bail is on file, the clerk of the court shall promptly mail notice to the surety on the bond and the bail agent who posted the bond whenever the bail is applied to a public offense pursuant to this section.

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Section § 1304

If you post bail, put up money, property, or have an agreement where you're released on your own recognizance in a court case, these securities are supposed to be cleared, or exonerated, two years after the bond started.

However, you must tell the court in writing at least 60 days before this two-year mark if you want the exoneration to happen automatically. Otherwise, the court might decide not to clear it, but they'll have to explain why they're making that choice.

Any bail, or moneys or bonds deposited in lieu of bail, or any equity in real property as security in lieu of bail, or any agreement whereby the defendant is released on his or her own recognizance shall be exonerated two years from the effective date of the initial bond, provided that the court is informed in writing at least 60 days prior to 2 years after the initial bond of the fact that the bond is to be exonerated, or unless the court determines otherwise and informs the party executing the bail of the reasons that the bail is not exonerated.

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