Introduction

In Washington State, RCW 10.19.140 addresses the conditions under which a bond can be returned to a surety in criminal cases. This law is vital for sureties who provide bonds for defendants, ensuring that they have a clear understanding of the circumstances that allow for the return of their bond. This article will explain the key aspects of RCW 10.19.140, helping sureties navigate the legal landscape effectively.

Key Provisions of RCW 10.19.140

RCW 10.19.140 outlines the process for the return of a bond to the surety under specific conditions. Here are the main provisions:

1. Forfeiture and Return:
   • If a forfeiture has been entered against a person in a criminal case, the bond can be returned to the surety if the person is returned to custody or produced in court within twelve months from the forfeiture.
2. Costs Deduction:
   • The full amount of the bond, minus any costs determined by the court, will be remitted to the surety. These costs include those incurred by law enforcement in transporting, locating, apprehending, or processing the return of the person to the jurisdiction of the court.
3. Surety’s Responsibility:
   • The surety must be directly responsible for producing the person in court or directly responsible for the apprehension of the person by law enforcement to qualify for the bond’s return.

Importance of Compliance

Compliance with RCW 10.19.140 is crucial for several reasons:

• Financial Protection: Understanding this law helps sureties protect their financial interests by ensuring they meet the conditions required for bond return.
• Legal Clarity: Knowing the specific conditions and requirements under RCW 10.19.140 provides legal clarity, reducing the risk of misunderstandings and legal disputes.
• Collaboration with Law Enforcement: Sureties who are proactive in collaborating with law enforcement to apprehend or produce defendants in court are more likely to secure the return of their bond.

Practical Implications

For sureties, the practical implications of RCW 10.19.140 include:

• Timely Action: Sureties must act within the twelve-month window to ensure they qualify for bond return.
• Cost Management: Being aware of the potential costs that may be deducted from the bond amount helps sureties manage their financial expectations.
• Responsibility and Documentation: Sureties should maintain thorough documentation of their efforts in producing the defendant or collaborating with law enforcement to ensure they can demonstrate their direct responsibility.

Conclusion

RCW 10.19.140 provides a clear framework for the return of bonds to sureties in Washington State. By understanding and complying with this law, sureties can protect their financial interests and ensure a smoother legal process. For any questions or legal assistance related to RCW 10.19.140, contact Blanford Law for expert guidance and support.

You can read the text of RCW 10.19.140 here: https://app.leg.wa.gov/RCW/default.aspx?cite=10.19.140

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