When a person in a criminal prosecution is under bond (1) to appear and answer, (2) to prosecute an appeal, or (3) to testify in court, and fails to perform the conditions of the bond, the default must be recorded. The court shall issue process against some or all of the persons bound by the bond as the prosecuting officer directs. If a person under bond fails to perform the conditions of the bond, the law enforcement authorities shall apprehend that person in the manner provided in rule 6.03 of the Rules of Criminal Procedure. After default on a bond, a surety may, with permission of the court, pay to the county treasurer or court administrator the amount for which the surety was bound as surety, with costs as the court may direct. Payment may be made either before or after process is issued. When it is made, the surety is fully discharged of any obligation under the bond.
Notes of Decisions
Cited in
9
cases (
1 in the last 5 years), 1953–2026 · leading case:
State v. Storkamp, 656 N.W.2d 539 (Minn. 2003).
State v. Storkamp, 656 N.W.2d 539 (Minn. 2003).
· cites it 5× “Minnesota Statutes § 629.58 (2002) provides that when a person accused of a criminal act is released upon the posting of a bond and fails to perform the conditions of the bond, the bond will be defaulted.”
In re Shetsky, 60 N.W.2d 40 (Minn. 1953).
· cites it 7× “On October 10, 1945, the Western Surety Company (hereinafter called the surety company), pursuant to § 629.58, petitioned and moved the district court for an order authorizing and directing it to pay into the court the amount forfeited under the bail bond and to be forever…”
Washington Cnty. v. Goldberg Bonding, Inc., 388 N.W.2d 20 (Minn. Ct. App. 1986).
· cites it 4× “ISSUE Did the trial court abuse its discretion in discharging the bonding company from liability on the bond? ANALYSIS On appeal the County argues that it should be entitled to the $50,000 bond securing the defendant’s appearance because (1) the surety automatically forfeited…”
Banks v. Comm'r, 20 T.C.M. 1165 (Tax Ct. 1961).
“58 , petitioned and moved the District Court for an order authorizing and directing it to pay into the Court the amount forfeited under the bail bond and to be forever discharged of its obligation.”
Farsdale v. Martinez, 586 N.W.2d 423 (Minn. Ct. App. 1998).
· cites it 2× “ISSUE Did the trial court abuse its discretion in ordering forfeiture of the $50,000 bail bond? ANALYSIS When a person under a bond fails to perform, the court may order the surety to “pay * * * the amount for which the surety was bound as surety.”
State v. Mohs, 726 N.W.2d 816 (Minn. Ct. App. 2007).
“§ 629.58 (2004) (stating that when criminal defendant under bond fails to perform conditions of bond, court “shall issue process” against the person); see also id.”
Harold Farsdale, State of Minnesota v. Oscar Rios Martinez, 586 N.W.2d 423 (Minn. Ct. App. 1998).
· cites it 2× “ISSUE Did the trial court abuse its discretion in ordering forfeiture of the $50,000 bail bond? ANALYSIS When a person under a bond fails to perform, the court may order the surety to “pay * * * the amount for which the surety was bound as surety.”
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