2006 Code of Virginia § 19.2-143 - Where default recorded; process on recognizance; forfeiture on recognizance; when copy may be used...

19.2-143. Where default recorded; process on recognizance; forfeiture onrecognizance; when copy may be used; cash bond.

When a person, under recognizance in a case, either as party or witness,fails to perform the condition of appearance thereof, if it is to appearbefore a court of record, or a district court, a hearing shall be held uponreasonable notice to all parties affording them opportunity to show cause whythe recognizance or any part thereof should not be forfeited. The show causenotice shall be issued within 45 days of the breach of the condition ofappearance.

If the court finds the recognizance or any part thereof should be forfeited,the default shall be recorded therein, unless the defendant or juvenile isbrought before the court within 150 days of the findings of default. After150 days of the finding of default, his default shall be recorded therein,and if it is to appear before a district court, his default shall be enteredby the judge of such court, on the case papers unless the defendant orjuvenile has been delivered or appeared before the court. The process on anysuch forfeited recognizance shall be issued from the court before which theappearance was to be, and wherein such forfeiture was recorded or entered.Any such process issued by a judge shall be made returnable before, and triedby, such judge, who shall promptly transmit to the clerk of the circuit courtof his county or city wherein deeds are recorded an abstract of such judgmentas he may render thereon, which shall be forthwith docketed by the clerk ofsuch court.

If the defendant or juvenile appears before or is delivered to the courtwithin 24 months of the findings of default, the court shall remit any bondpreviously ordered forfeited by the courts, less such costs as the court maydirect.

If it is brought to the attention of the court that the defendant or juvenileis incarcerated in another state or country within 48 months of the findingof default, thereby preventing his delivery or appearance within that period,the court shall remit any bond previously ordered forfeited. If the defendantor juvenile left the Commonwealth with the permission of the court, the bondshall be remitted without deduction of costs; otherwise, the cost ofreturning him to the Commonwealth shall be deducted from the bond.

Evidence that the defendant or juvenile is incarcerated or subject to courtprocess in another jurisdiction on the day his appearance is required or amedical certificate from a duly licensed physician that the defendant wasphysically unable to so appear shall be considered evidence of good cause whythe recognizance should not be forfeited.

If such recognizance so forfeited is not for such appearance, process thereonshall be issued from the court in which it was taken, or the court to whichit was made returnable, and in a proceeding in one court on a recognizanceentered in another a copy thereof shall be evidence in like manner as theoriginal would be if it had been entered in the court wherein the proceedingis being had thereon.

However, when any defendant or juvenile who posted a cash bond and failed toappear is tried in his absence and is convicted, the court or judge tryingthe case shall first apply the cash bond, or so much thereof as may benecessary, to the payment of any fines or costs, or both, adjudged againstthe defendant or juvenile or imposed by law. Any remaining funds shall beforfeited without further notice. However, if a rehearing is granted, thecourt may remit part or all of such cash bond not applied ultimately to finesor costs, and order a refund of the same by the State Treasurer, but only ifgood cause is shown.

If the defendant or juvenile posted a cash bond and failed to appear, but isnot tried in his absence, the bond shall be forfeited promptly withoutfurther notice. However, if the defendant or juvenile appears in court within60 days after the bond is forfeited, the judge may remit part or all of anybond previously forfeited and order a refund of the same by the StateTreasurer.

(Code 1950, 19.1-137; 1960, c. 366; 1962, c. 499; 1970, c. 371; 1973, c.409; 1975, c. 495; 1978, c. 755; 1979, c. 735; 1987, c. 670; 1988, c. 443;1990, c. 624; 2000, c. 885; 2003, c. 840; 2005, c. 585; 2006, cc. 296, 316.)