Cowlitz County courts have faced challenges in applying the “rider bond” policy, particularly when dealing with defendants convicted of felonies and awaiting sentencing. The inconsistent approach to this bond has led to confusion among defendants, attorneys, and bail bond agents. However, recent clarifications have provided a clear understanding of the court’s requirements when a convicted felon seeks to remain out of custody while awaiting sentencing.
Understanding RCW 10.64.025(1)
Washington State law, specifically RCW 10.64.025(1), sets the foundation for the rider bond policy:
“A defendant who has been found guilty of a felony and is awaiting sentencing shall be detained…. Any bail bond that was posted on behalf of a defendant shall, upon the defendant’s conviction, be exonerated.”
This law mandates that once a defendant is convicted of a felony, any existing bail bond is automatically exonerated, meaning it is no longer valid. Typically, the defendant is required to be taken into custody pending sentencing. This rule ensures that the defendant remains accountable and that the bond is not misused post-conviction.
The Impact of State v. French
The complexities surrounding rider bonds were highlighted in the case of State v. French, 88 Wn.App. 586 (1997). In this case, Mr. French was charged with three felony crimes, and the court initially set a bail of $75,000, which he posted to secure his release. After his conviction, Mr. French sought to remain out of custody pending sentencing, relying on the original bond.
The trial court initially deemed the original bond valid for release pending sentencing. However, the Court of Appeals ruled that the insurer was not required to honor the bond since it had been exonerated by law upon Mr. French’s conviction. This case clarified that once a bond is exonerated, it cannot be extended or renewed under the original terms.
Cowlitz County’s Clarified Approach to Rider Bonds
Following the precedent set by State v. French and the stipulations in RCW 10.64.025(1), Cowlitz County courts have clarified their approach to rider bonds. Now, when a person is convicted of a felony and requests a delay in sentencing to remain out of custody, the court requires a new bond to be presented.
Any document from a bail bond agent attempting to extend the original bond is now considered ineffective and will not be accepted by the court. This clarification ensures that the original bond’s exoneration is respected and that all legal procedures are properly followed.
Conclusion
The recent clarifications on Cowlitz County’s rider bond policy provide essential guidance for defendants, attorneys, and bail bond agents. By requiring a new bond when sentencing is delayed, the court ensures compliance with RCW 10.64.025(1) and reinforces the legal precedent established in State v. French, 88 Wn.App. 586 (1997). This update is a significant step toward consistency and fairness in the handling of felony cases.
If you’re facing similar circumstances, it’s crucial to consult with an experienced attorney who understands the intricacies of Cowlitz County’s bond requirements and can guide you through the legal process effectively.
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