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In State v. Jeglum (2019), the Washington Court of Appeals clarified that courts retain discretion to forfeit cash baileven after a defendant reappears and is sentenced, as long as the defendant violated the terms of release. This case redefined the limits of cash bail forfeiture in Washington, emphasizing accountability and preserving judicial authority.

Edward L. Jeglum was charged in Chelan County Superior Court with felony stalking and two misdemeanors. He posted $100,000 in cash bail. Despite explicit warnings about appearance requirements, Jeglum failed to appear for a key readiness hearing. To justify his absence, he submitted a fraudulent medical letter, which the court later determined was a misrepresentation.

The State repeatedly requested forfeiture of Jeglum’s cash bail during the proceedings. The trial court issued a warrant but reserved ruling on bail forfeiture multiple times. Even after Jeglum’s guilty plea and sentencing, the question remained unresolved. Eventually, a successor judge denied the State’s motion and ordered the return of Jeglum’s cash bail, relying on State v. Paul to conclude that no discretion remained once the defendant reappeared.

On appeal, the Court reversed. It held that CrR 3.2(o) allows courts to forfeit cash bail for nonappearance or any release violation, and that such discretion continues even after sentencing. The trial court, according to the appellate opinion, misinterpreted Paul, which applied only to defendants who fully complied with bail conditions. Jeglum did not—he failed to appear and committed fraud on the court.

The appellate court emphasized that allowing Jeglum to avoid forfeiture would unfairly benefit someone who evaded justice. It remanded the matter for the trial court to properly exercise discretion and determine whether full or partial bail forfeiture was warranted.

You can read the test of the article here.

The Jeglum decision reinforces that Washington courts maintain the ability to enforce consequences for violations of pretrial release, even after a case concludes. Cash bail forfeiture serves as a tool to promote compliance, deter abuse, and uphold the integrity of the judicial process.

📞 Call to Action

Have questions about cash bail forfeiture in Washington or other criminal law issues? Contact Blanford Law today at ken@blanfordlaw.com or 253‑720‑9304 for experienced guidance.

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