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Cases - Minnesota

State of Minnesota v. Rosillo, 2004 WL 1192085 (Minn. App. June 1, 2004) reviewed the criteria for reinstating and discharging a forfeited bond but held that the trial court did not abuse its discretion in reinstating only $4,000 of one bond (the $4,000 was the cost the surety incurred in unsuccessful attempts to recover the defendant).  This seems to be a harsh result given that the defendant was in prison in Mexico, but the court emphasized the surety and agent did very little to monitor him or keep informed about his non-appearance.  The court also held that the court administrator's failure to mail notice of non-appearance and forfeiture (the bond was reinstated when the defendant appeared two days later) was outweighed by the surety's failure to monitor the defendant, and the trial court was justified in not discharging the other bond based on the administrator's failure to mail the notice.

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