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Notice Of Bail-Bond Forfeiture And Forfeiture Hearing CR-229 - Wisconsin
|Notice Of Bail-Bond Forfeiture And Forfeiture Hearing Form. This is a Wisconsin form and can be used in Criminal Circuit Court Statewide .||
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FORM SUMMARY Name of Form: Notice of Bail/Bond Forfeiture and Forfeiture Hearing Form Number: CR -229 Statutory Reference: 969.13, Wisconsin Statute Benchbook Reference: CR 8-9 Purpose of Form: To order the forfeiture of a criminal bail/bond and give notice to the defendant and any sureties that a judgment will be entered after 30 days if an adequate explanation for the failure is not given. Another version of this form is available (CR-228) for those counties which do not schedule specific hearings on granting judgment. The only difference is that the reference to a hearing date and time is not included. In those counties it is assumed that if the defendant does not appear and no request by sureties is made, the court automatically enters the judgment. Who Completes It: Court clerk Distribution of Form: Original to court; copies to attorneys; copies to defendant and all sureties Accompanying Forms: Generally none New Form/Modification: Modification; last update 12/01. Modifications: In #2, added section to indicate how defendant failed to comply with the condition(s) of the bail/bond. Removed the telephone notice section on the Word fillable form. Comments: The procedure for forfeiting a criminal bail/bond is a multi-step process. After the alleged failure by the defendant to comply with the bail/bond, either by failing to appear or by violating some other condition of the bail/bond, the court orders the bail/bond forfeited. Notice must be sent to the defendant and any sureties of that order. Section 969.13, Wisconsin Statutes, provides that if the defendant does not appear within that 30 day period and the defendant or sureties do not show the court that the defendants failure to appear and surrender was impossible and without fault, the district attorney may move the court for entry of the judgment. If the defendant or sureties satisfy the court that appearance and surrender by the defendant was impossible and without the defendants fault, the court may schedule the matter for 03/01/04 Page 1 <<<<<<<<<********>>>>>>>>>>>>> 2 another hearing to allow the defendant to explain the alleged failure to comply with the bail/bond. This section does not explain what is to occur if the defendant does appear and surrender within the 30 day period. The Supreme Court in State v. Achterberg, 201 Wis. 2d 291, 548 N.W. 2d 515 (1996), concluded that a motion by the district attorney is not necessary before a court can enter judgment on the bail/bond forfeiture if the court is not satisfied with the defendants explanation. Confusion may occur because of the statutory references to the term "that appearance." The question is, which appearance? Is it the failure to originally appear in court which triggered the bail/bond forfeiture or is it the appearance and surrender required within 30 days? RMC believes, and the Supreme Court seems to concur, that the term "that appearance" must refer to the appearance within 30 days after the forfeiture is ordered. This is because bail/bonds can be forfeited for reasons in addition to a nonappearance. If the term "that appearance" refers to the initial event triggering the forfeiture, the statute seems to eliminate the possibility of forfeiting bail/bond for a violation of conditions. This is obviously illogical. RMC believes the logic of the statute is to provide a defendant with the due process right of allocution to explain why the bail/bond should not be forfeited. Thus, the statute gives the defendant 30 days to surrender and explain. If the defendant does not do so, the sureties are given the opportunity to show the court that the defendants failure to appear and explain is without the defendants fault and request the court to give the defendant another opportunity to do so before entering judgment. For example, the defendant may be hospitalized or incarcerated and thus unable to appear to make the explanation. This would comply with both the defendants and sureties due process rights. About this form: This form is the product of the Wisconsin Records Management Committee, a committee of the Director of State Courts Office and a mandate of the Wisconsin Judicial Conference. If you have additional information that does not change the meaning of the form, attach it on a separate page. The form itself shall not be altered. 03/01/04 Page 2 <<<<<<<<<********>>>>>>>>>>>>> 3 For Official Use STATE OF WISCONSIN, CIRCUIT COURT, COUNTY State of Wisconsin, Plaintiff Notice of Bail/Bond Forfeiture -vs- and Forfeiture Hearing , Defendant Name Case No. PLEASE TAKE NOTICE THAT: 1. Bail/Bond was posted or pledged for the defendant in the amount of $ . You are responsible for some or all of this amount. 2. The defendant failed to comply with the following condition(s) of the bail/bond: Failed to appear in court on (date) Other: 3. The bail/bond posted or pledged in this case is to be forfeited. 4. The defendant and/or surety(ies) may appear on the date and time noted below to explain the violation of the bail/bond condition. 5. If the defendant and/or surety(ies) fails to appear, the bail/bond is forfeited. BAIL/BOND FORFEITURE HEARING Date Time Location (Include Room No.) Presiding Judge If you need help in this matter because of a disability, please call: County Circuit Court Date DISTRIBUTION Personal Service Mail Notice 1. Court - Original 2. District Attorney 3. Defendant 4. Defendants Attorney 5. Sureties 6. 7. CR -229, 03/04 Notice of Bail/Bond Forfeiture and Forfeiture Hearing 969.13, Wisconsin Statutes This form shall not be modified. It may be supplemented with additional material.