Time for Filings in Bail Bond Forfeiture Proceedings Again Extended

On Friday, Chief Justice Paul Newby entered an order extending the time for filing motions to set aside and objections to motions to set aside in bail bond forfeiture proceedings. Any such motion or objection due on or after April 14, 2020 and before or on February 27, 2021 will be timely filed if filed before the close of business on March 1, 2021. Justice Newby’s January 29 order operates to further extend deadlines that were first extended by Chief Justice Beasley last April and that were re-extended by orders issued in September, November, and December. I thought I’d take a minute this morning to review the statutory procedures affected by these extensions. The statutory scheme. When a defendant released pursuant to a bond fails to appear in court, the court must enter a forfeiture in the amount of the bond in favor of the State. G.S. 15A-544.3. The forfeiture order, which must be mailed to the defendant and to each surety, includes the date on which the forfeiture becomes a final judgment if not set aside before that date. G.S. 15A-544.3, -544.4. The order may be set aside for any of several statutorily enumerated reasons, including that that the failure to appear has been stricken by the court (and any associated order for arrest recalled), that the charges have been disposed of, that the defendant has been surrendered by a surety or bail agent to a sheriff, and that the defendant was incarcerated and serving a sentence in a unit [...]