Bail Court Decitions:
In North Carolina State v. Reyes, 2007 WL 1247088 (North Carolina May 1, 2007) the defendant fled during trial. The court forfeited bail and issued a bench warrant, but it also continued with the trial, and the jury found the defendant guilty. The court then continued the “prayer for judgment” until the defendant was returned. The surety moved to set aside the forfeiture pursuant to North Carolina Gen.Stat. §15A-544.5(b)(2), which provides for setting aside a forfeiture if the charges have been “finally disposed by the court.” The Court of Appeals held that continuing the case was not an appealable, final judgment, therefore the case had not been finally disposed of and the statute did not apply. It also pointed out that the North Carolina bond itself provided that it would remain in effect until entry of judgment, and that had not yet occurred. The Court affirmed the trial court’s denial of the surety’s motion. |