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Cases - Arizonia

ARIZONIA

 

In Re Bond Forfeiture in Pima County, 93 P.3d 1084 (Ariz. App. 2004) affirmed the trial court’s judgment forfeiting the entire bond even though the defendant had been deported to Mexico.  The court noted that: (1) the surety assumes the risk the defendant will not appear; (2) the surety could easily have ascertained that there was an INS “hold” on the defendant who, in fact, gave his only address as General Delivery, Nogales, Sonora, Mexico; (3) the surety did nothing to try to prevent the defendant’s deportation, locate him in Mexico or secure his return for trial; and (4) there was no evidence the defendant attempted to return for trial.


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