Four Aces Case Study

Four Aces is in the business of acting as an authorized surety for criminal defendants who make bail bonds, that is, written obligations that are conditioned on their appearance in court at a particular time. For its service as a surety and in consideration for the risks it assumes by agreeing to liable for the about of the bond should the defendant abscond, Four Aces collects fees from defendants that it retains whether or not the defendant appears for court as pledged. If a defendant fails to appear for court when required, the court then issues a warrant for the defendant’s arrest, and orders the forfeiture of the bail bond. Md. Rule 4-217(i). After a defendant fails to appeal, the surety has 90 days, or 180 days if the court extends
In October of 2011, the General Assembly amended the relevant section of the Criminal Procedure Article to limit instances where a surety may have a forfeiture of bail struck. Notwithstanding the change in the statute, the District Court continued its policy of not placing forfeited bonds on the default list after the 90 or 180 days had expired because the Maryland Rule still permitted a forfeiture to be struck even if the bond was never paid. Md. Rule 40217(i)(5) (effective Jan. 1, 2009). In 2013, the Maryland Rules were amended to be consistent with this change. Md. Rule 4-217(i)(5). Thereafter, on September 4, 2013, having realized its mistake, the District Court sent a letter to all sureties stating, in pertinent part, thatDistrict Court systems have been changed to discontinue closures of bond forfeitures when a defendant is produced in court after the allowed 90 days (180 days if extension was granted). The clerk will enter a judgment in the bond forfeitures that were closed in error without judgments, and the forfeitures will appear on the Absolute Forfeitures in Default