People v. Accredited Surety & Casualty Company, Inc.
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A surety appeals from an order denying its motion to set aside summary judgment, discharge the forfeiture, and exonerate bail, and contends that the setting of the amount of bail was unconstitutional and the forfeiture of the full amount of bail was unconstitutional.
The Court of Appeal affirmed summary judgment, concluding that the statutory scheme under which the amount of the criminal defendant's bail was set and subsequently forfeited is not unconstitutional on its face. The court also concluded that the statutory scheme, as applied to the circumstances of this case, did not unconstitutionally impose an excessive fine or otherwise violate the constitutional rights of the criminal defendant or the surety. As a separate and independent ground for its decision, the court assumed a constitutional violation occurred and addressed the consequences of the assumed violation. The court joined other appellate courts and concluded that a violation of the criminal defendant's constitutional rights does not free the surety from its obligations under the bail bond.
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