§62-1C-7. — Forfeiture of bail; basis therefor.
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§62-1C-7. Forfeiture of bail; basis therefor.
(1) Whenever a person under bail serves as his or her own surety and he or she willfully and without just cause fails to appear as and when required or violates any other term or condition of bail, the circuit court or magistrate shall declare the bail forfeited.
(2) Whenever a person or entity other than the person under bail serves as surety, forfeiture of bail shall be declared only when the person under bail willfully and without just cause fails to appear as and when required unless the surety, by the express terms of the bail instrument, has agreed to be responsible to ensure compliance with one or more other conditions of bail and there is a willful violation of such condition.
(1) Whenever a person under bail serves as his or her own surety and he or she willfully and without just cause fails to appear as and when required or violates any other term or condition of bail, the circuit court or magistrate shall declare the bail forfeited.
(2) Whenever a person or entity other than the person under bail serves as surety, forfeiture of bail shall be declared only when the person under bail willfully and without just cause fails to appear as and when required unless the surety, by the express terms of the bail instrument, has agreed to be responsible to ensure compliance with one or more other conditions of bail and there is a willful violation of such condition.