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CONNECTICUT

State v. Jacobs, 2003 WL 23112746 (Conn. Super. December 12, 2003) is a muddled opinion in which the court granted the surety's summary judgment motion discharging its bail obligation.  The defendant was originally released on a $10,000 bond.  After conviction, another $140,000 bond was required.  The case involved liability on the $140,000 bond.

 

The defendant did not appear for sentencing.  Instead of issuing a warrant and continuing sentencing, the court ordered the bond forfeited and then sentenced the defendant, in absentia, to 20 years in prison.  When the clerk called the case, the surety on the original $10,000 bond was named instead of the surety on the $140,000 bond, but the court rejected that error as a basis to discharge the surety.  The court did, however, grant the surety' s summary judgment motion because Conn. Gen. Stats. §54-66a(8) provides that a bond is automatically terminated when the defendant is sentenced and because the substantial sentence imposed increased the surety's risk by decreasing its chance to avoid liability by producing the defendant within the six month period following forfeiture.


State of Connecticut v. Prazeres, 2004 WL 575060 (Conn. Super. February 27, 2004) held that the surety, Capital Bonding Corporation, was entitled to remission of 30% of the forfeited bail because the defendant was returned to custody within 270 days.  The opinion discusses the schedule of amounts to be remitted pursuant to Conn. Gen. Stats. §54-65a and Practice Book §38-22.

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