Idaho Code 19-2916 – Setting Aside Order of Forfeiture and Reinstating Bail
Current as of: 2023 | Check for updates
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Terms Used In Idaho Code 19-2916
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Bail: means a monetary amount required by the court to release the defendant from custody and to ensure his appearance in court as ordered. See Idaho Code 19-2905
- Bench warrant: means a warrant issued by the court because the defendant failed to appear as ordered, failed to comply with a condition of release or the sureties are no longer sufficient. See Idaho Code 19-2905
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Forfeiture: means an order of the court reciting that the defendant failed to appear as ordered and stating that bail is forfeited. See Idaho Code 19-2905
- Person: means a natural person, legal corporation, limited liability corporation, partnership, sole proprietorship or any other business entity recognized by the state of Idaho. See Idaho Code 19-2905
- Reinstatement of bail: means an order of the court allowing the defendant to be released on the same bail previously posted that has been ordered forfeited. See Idaho Code 19-2905
If the defendant appears in court after the entry of the defendant’s failure to appear and satisfactorily explains his failure to appear, the court may set aside the order of forfeiture and reinstate bail. Before reinstatement of bail, the court shall quash any bench warrant and set aside any order of forfeiture of the bail. The court shall provide written notice of reinstatement of bail to the person posting bail or to that person’s designated agent within five (5) business days of the order reinstating bail.