In County of Los Angeles v. Indiana Lumbermens Mutual Insurance Co., 2010 WL 731369 (Cal.App. March 4, 2010) the defendant on an auto theft charge fled to the country of Georgia. The surety’s agent located him in custody there and notified the District Attorney. The District Attorney consulted with the State Department and was told there was no bilateral extradition treaty with Georgia and that the State Department would negotiate for alternatives such as deportation or expulsion only in cases alleging the most serious crimes. The surety argued that the District Attorney elected not to seek extradition and so the bond was exonerated pursuant to Cal. Penal Code §1305(f). The Court disagreed and found that there was no feasible way to extradite the defendant; therefore the District Attorney could not “elect” not to seek extradition. The Court affirmed summary judgment forfeiting the bond.
Tags: bail, bail agent, bail bonds, crime, fugitive, jail|
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