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At the Lectern

Supreme Court broadens bail forfeiture possibilities

February 1, 2016

In People v. Safety National Casualty Corp., the Supreme Court today holds that a defendant’s bail can be forfeited if — without a written waiver of personal presence or a sufficient excuse for absence — he or she fails to appear at many in-court proceedings, not just those that he or she has a due process right to attend.  The court’s unanimous opinion, written by Justice Ming Chin, explains that the constitution provides a right to appear and defend, but no reciprocal right to be absent.

The court reverses the Second District, Division Eight, Court of Appeal.  It also disapproves a 1974 opinion by the First District, Division One, and a 1985 Fifth District decision.

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