Second Chance Bail Bonds N.H. v. Castine

Line of Business : Bail
State : New Hamshire
Case Date : 13/02/2019

Case Description :

In Second Chance Bail Bonds N.H. v. Castine, 2019 N.H. LEXIS 30 (Feb. 13, 2019), a bail bond was forfeited after the arrestee for whom it was posted violated several bail conditions. In its defense, the surety argued that the trial court may only forfeit a bail bond if the arrestee failed to appear, because it is an "appearance bond." The supreme court disagreed, observing that the bail conditions, which in this case included the requirement to refrain from drug use, were listed on the bond itself. Because the arrestee was revived from a drug overdose, with drugs found on his person, the supreme court found no abuse of discretion by the trial court in its conclusion that the arrestee violated his bail conditions. Further, the supreme court found no support for the surety's argument that the trial court lacked authority to forfeit the bond for the violation of a non-appearance condition. Instead, the supreme court found that RSA 597:31 directly empowers the trial court to forfeit a bail bond when any of its conditions are breached. Accordingly, the supreme court affirmed the judgment of forfeiture.

In Second Chance Bail Bonds N.H. v. Castine, 2019 N.H. LEXIS 30 (Feb. 13, 2019), a bail bond was forfeited after the arrestee for whom it was posted violated several bail conditions. In its defense, the surety argued that the trial court may only forfeit a bail bond if the arrestee failed to appear, because it is an “appearance bond.” The supreme court disagreed, observing that the bail conditions, which in this case included the requirement to refrain from drug use, were listed on the bond itself. Because the arrestee was revived from a drug overdose, with drugs found on his person, the supreme court found no abuse of discretion by the trial court in its conclusion that the arrestee violated his bail conditions. Further, the supreme court found no support for the surety’s argument that the trial court lacked authority to forfeit the bond for the violation of a non-appearance condition. Instead, the supreme court found that RSA 597:31 directly empowers the trial court to forfeit a bail bond when any of its conditions are breached. Accordingly, the supreme court affirmed the judgment of forfeiture.

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