Iowa Code 811.6 – Forfeiture of bail
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Terms Used In Iowa Code 811.6
- Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
- 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.
- clerk: means clerk of the court in which the action or proceeding is brought or is pending; and the words "clerk's office" mean the office of that clerk. See Iowa Code 4.1
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- undertaking: means a promise or security in any form. See Iowa Code 4.1
811.6 Forfeiture of bail.
1. A defendant released pursuant to this chapter shall appear at arraignment, trial, judgment, or such other proceedings where the defendant’s appearance is required. If the defendant fails to appear at the time and place when the defendant’s personal appearance is lawfully required, or to surrender in execution of the judgment, the court must direct an entry of the failure to be made of record, and the undertaking of the defendant’s bail, or the
money deposited, is thereupon forfeited. As a part of the entry, except as provided in rule
of criminal procedure 2.72, the court shall direct the clerk of the district court of the county
to give thirty days’ notice in writing to the defendant and the defendant’s sureties to appear and show cause, if any, why judgment should not be entered for the amount of bail. If such appearance is not made, judgment shall be entered by the court. If appearance is made, the court shall set the case down for immediate hearing as an ordinary action.
2. Where a forfeiture and judgment have been entered as provided in this section, and the amount of the judgment has been paid to the clerk, the clerk shall hold the amount paid as funds of the clerk’s office for a period of one hundred fifty days from the date of judgment.
3. a. The court may, upon application, set aside such judgment if, within one hundred fifty days from the date of the judgment, any of the following occur:
(1) The defendant voluntarily surrenders to the sheriff of the county.
(2) The defendant’s sureties, at their own expense, deliver the defendant or facilitate delivery of the defendant to the custody of the sheriff.
(3) The court determines, upon consideration of all circumstances, that setting aside the judgment is warranted.
b. A judgment shall not be set aside under this subsection unless as a condition precedent thereto, the defendant and the defendant’s sureties have paid all costs and expenses incurred in connection with the judgment.
[R60, §4990 – 4994; C73, §4596 – 4600; C97, §5515 – 5517, 5519; C24, 27, 31, 35, 39, §13631,
13633, 13635, 13636; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §766.1 – 766.3, 766.5, 766.6; C79,
81, §811.6]
2000 Acts, ch 1032, §6; 2013 Acts, ch 54, §2; 2021 Acts, ch 64, §2; 2022 Acts, ch 1021, §175;
2022 Acts, ch 1044, §1
Referred to in §331.653, 602.8102(131), 811.2, 811.9
1. A defendant released pursuant to this chapter shall appear at arraignment, trial, judgment, or such other proceedings where the defendant’s appearance is required. If the defendant fails to appear at the time and place when the defendant’s personal appearance is lawfully required, or to surrender in execution of the judgment, the court must direct an entry of the failure to be made of record, and the undertaking of the defendant’s bail, or the
money deposited, is thereupon forfeited. As a part of the entry, except as provided in rule
of criminal procedure 2.72, the court shall direct the clerk of the district court of the county
to give thirty days’ notice in writing to the defendant and the defendant’s sureties to appear and show cause, if any, why judgment should not be entered for the amount of bail. If such appearance is not made, judgment shall be entered by the court. If appearance is made, the court shall set the case down for immediate hearing as an ordinary action.
2. Where a forfeiture and judgment have been entered as provided in this section, and the amount of the judgment has been paid to the clerk, the clerk shall hold the amount paid as funds of the clerk’s office for a period of one hundred fifty days from the date of judgment.
3. a. The court may, upon application, set aside such judgment if, within one hundred fifty days from the date of the judgment, any of the following occur:
(1) The defendant voluntarily surrenders to the sheriff of the county.
(2) The defendant’s sureties, at their own expense, deliver the defendant or facilitate delivery of the defendant to the custody of the sheriff.
(3) The court determines, upon consideration of all circumstances, that setting aside the judgment is warranted.
b. A judgment shall not be set aside under this subsection unless as a condition precedent thereto, the defendant and the defendant’s sureties have paid all costs and expenses incurred in connection with the judgment.
[R60, §4990 – 4994; C73, §4596 – 4600; C97, §5515 – 5517, 5519; C24, 27, 31, 35, 39, §13631,
13633, 13635, 13636; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §766.1 – 766.3, 766.5, 766.6; C79,
81, §811.6]
2000 Acts, ch 1032, §6; 2013 Acts, ch 54, §2; 2021 Acts, ch 64, §2; 2022 Acts, ch 1021, §175;
2022 Acts, ch 1044, §1
Referred to in §331.653, 602.8102(131), 811.2, 811.9