Idaho Code
Idaho Code

Idaho Code § 19-2915 (2026)

forfeiture of bail. 

✓ current as of May 2026
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forfeiture of bail. 

(1) If without sufficient excuse the defendant fails to appear before the court as ordered, the court shall immediately:

(a)  Enter the defendant’s failure to appear in the minutes;
(b)  Order forfeiture of the bail; and
(c)  Issue a bench warrant for the arrest of the defendant.
(2)  The court, in its discretion, may:
(a)  Set the amount of bail in the bench warrant;
(b)  Set the amount of bail in the bench warrant but require that the defendant appear before the court where the charge or charges are pending before being released on bail; or
(c)  Set no bail on the bench warrant and require that the defendant not be released until appearing before the court where the charges are pending, at which time the court shall set bail or release the defendant on the defendant’s own recognizance, and shall set any conditions of release.
(3)  The clerk shall provide the person posting bail written notice of the order of forfeiture by mailing notice within five (5) business days of the order of forfeiture to the last known address of the person posting bail or that person’s designated agent.
(4)  If the court quashes the bench warrant within one hundred eighty (180) days after the order of forfeiture, the forfeiture of bail shall be set aside and the court shall notify the person posting bail of the setting aside of the forfeiture within five (5) business days of the date of the order quashing the bench warrant and reinstating the bail.
Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 1993–2026 · leading case: State v. Aladdin Bail Bonds, 402 P.3d 1119 (Idaho Ct. App. 2017).
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State v. Aladdin Bail Bonds, 402 P.3d 1119 (Idaho Ct. App. 2017). · cites it 6× “Pursuant to Idaho Code § 19-2915 , the clerk of the court sent notice to American Contractors and Aladdin, an agent authorized to receive such notices, of the district court’s intention to discharge the order of forfeiture if Wharton was not brought before the court within 180…”
Paz v. State, 852 P.2d 1355 (Idaho 1993). · cites it 2× “The sentencing judge found the existence of an aggravating circumstance under Idaho Code section 19-2915(g)(3), that the defendant knowingly created a great risk of death to many persons.”
State v. Big Dawg Bail Bonds, 336 P.3d 306 (Idaho Ct. App. 2014). · cites it 4× “Lastly, it argues that the district court also gave too little consideration to Big Dawg’s efforts to find Connor and that partial exoneration is an abuse of discretion because it is bad public policy.”
State v. Aladdin Bail Bonds (Idaho Ct. App. 2017). · cites it 6× “46(h)(1)(B), that no evidence in the record demonstrated Aladdin acted as an agent of American Contractors, and that there was no evidence of American Contractors’ attempts to locate and apprehend Wharton.”
State v. Aladdin Bail Bonds (Idaho Ct. App. 2017). · cites it 6× “46(h)(1)(B), that no evidence in the record demonstrated Aladdin acted as an agent of American Contractors, and that there was no evidence of American Contractors’ attempts to locate and apprehend Wharton.”
State of Idaho v. Allegheny Cas. Co. & A-Affordable Bail Bonds Idaho, LLC (Idaho Ct. App. 2026). · cites it 6× “Two days later, on November 1, 2023, the clerk notified Allegheny that the bail had been declared forfeited on October 30 pursuant to Idaho Code § 19-2915 . Allegheny does not dispute that it received the November 1 notice or that the notice was mailed within five days of the…”
State v. Two Jinn, Inc Re: Nestor Rivera (Idaho Ct. App. 2012). · cites it 2× “In denying Two Jinn’s request for relief from forfeiture, the district court analyzed the issue as one of discretion under Idaho Code § 19-2915 and Idaho Criminal Rule 46(h)(1), the latter of which provides that a bond may be exonerated “if it appears that justice does not…”
— Idaho Code § 19-2915(1) — 1 case
State of Idaho v. Allegheny Cas. Co. & A-Affordable Bail Bonds Idaho, LLC (Idaho Ct. App. 2026). “Two days later, on November 1, 2023, the clerk notified Allegheny that the bail had been declared forfeited on October 30 pursuant to Idaho Code § 19-2915 . Allegheny does not dispute that it received the November 1 notice or that the notice was mailed within five days of the…”
— Idaho Code § 19-2915(3) — 3 cases
State v. Aladdin Bail Bonds, 402 P.3d 1119 (Idaho Ct. App. 2017). “Pursuant to Idaho Code § 19-2915 , the clerk of the court sent notice to American Contractors and Aladdin, an agent authorized to receive such notices, of the district court’s intention to discharge the order of forfeiture if Wharton was not brought before the court within 180…”
State v. Aladdin Bail Bonds (Idaho Ct. App. 2017). “46(h)(1)(B), that no evidence in the record demonstrated Aladdin acted as an agent of American Contractors, and that there was no evidence of American Contractors’ attempts to locate and apprehend Wharton.”
State v. Aladdin Bail Bonds (Idaho Ct. App. 2017). “46(h)(1)(B), that no evidence in the record demonstrated Aladdin acted as an agent of American Contractors, and that there was no evidence of American Contractors’ attempts to locate and apprehend Wharton.”
— Idaho Code § 19-2915(g)(3) — 1 case
Paz v. State, 852 P.2d 1355 (Idaho 1993). “The sentencing judge found the existence of an aggravating circumstance under Idaho Code section 19-2915(g)(3), that the defendant knowingly created a great risk of death to many persons.”
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