Idaho Code 19-2917 – Motion to Set Aside Forfeiture
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Pursuant to a motion filed within one hundred eighty (180) days after an order of forfeiture as provided in section 19-2915, Idaho Code, the court that ordered forfeiture may direct that the order of forfeiture be set aside, in whole or in part, upon such conditions as the court may impose, as provided by rules adopted by the supreme court, if it appears that justice so requires. If the court sets aside the order of forfeiture, then it may:
(1) Reinstate the bail;
Terms Used In Idaho Code 19-2917
- 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
- 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
(2) Exonerate the bail;
(3) Recommit the defendant to the custody of the sheriff and set new bail; or
(4) Release the defendant on his own recognizance.