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Able Bail Bonds

Vermont Bail Laws

  1. Applicable Statutes.

VERMONT STATUTES ANNOTATED TITLE THIRTEEN. Crimes and Criminal Procedure PART 5. JUDGMENT AND PROCEEDINGS AFTER JUDGMENT CHAPTER 229.Bail and Recognizances.

  1. Licensing Requirements for Agents.

In order to obtain a Bail Bond Agent license an individual must be at least 18 years of age; must be deemed by the Commissioner to be competent, trustworthy and financially responsible; have passed a written examination; be appointed by a sponsoring insurer and submit a license application and fees. Note, a Bail Bond Agent must be approved to act as a surety or on behalf of a surety by the Vermont Court Administrator before he or she can execute a bond or post bail.

  1. Notice of Forfeiture

If the prisoner is admitted to bail, and fails to appear and surrender himself according to the condition of his bond, the court, by proper order, shall declare the bond forfeited and order his immediate arrest without warrant if he be within this state. Recovery may be had thereon in the name of the state as in the case of other bonds or undertakings given by the accused in criminal proceedings within this state.

  1. Allotted Time between Forfeiture Declaration and Payment Due Date.

When a recognizance in a criminal prosecution pending in supreme, superior or district court, is forfeited for a breach of the condition thereof, the sureties may file a motion to chancer at the term of the court at which such recognizance is forfeited, if in supreme or superior court, or within thirty days of such forfeiture, if in a district court. Unless cause is shown for delay, the court shall hear forthwith the parties upon the motion to chancer and render judgment thereon without costs. The sureties may pay to the clerk of such court or judge of such district court, as the case may be, the sum fixed by the judgment, and the same shall be accounted for as though an action had been brought on such recognizance and recovery of judgment had thereon.

  1. Forfeiture Defenses.

In actions brought to recover the penalty or forfeiture annexed to a recognizance taken in a criminal cause, the court may reduce the penalty of such bond and render judgment thereon as the circumstances of the case require.

When a recognizance in a criminal prosecution pending in supreme, superior or district court, is forfeited for a breach of the condition thereof, the sureties may file a motion to chancer at the term of the court at which such recognizance is forfeited, if in supreme or superior court, or within thirty days of such forfeiture, if in a district court. Unless cause is shown for delay, the court shall hear forthwith the parties upon the motion to chancer and render judgment thereon without costs. The sureties may pay to the clerk of such court or judge of such district court, as the case may be, the sum fixed by the judgment, and the same shall be accounted for as though an action had been brought on such recognizance and recovery of judgment had thereon.

If the bail for a person accused of a crime wishes to surrender the principal in discharge of his

recognizance, he may apply in writing to the authority who took the recognizance for a warrant to apprehend the principal and commit him to jail in the county where the offense is charged to have been committed. The authority shall thereupon issue such warrant, directed to any sheriff or constable in the state, and on commitment of the principal to jail upon such warrant, the bail shall be discharged.

If a person bound to appear before a superior or district court on a complaint, information or indictment, does not appear, but forfeits his recognizance, such court shall order a warrant to be issued from time to time to take the body of the person for trial, and the surety of the person may take and deliver him to the officer having such warrant or to the court that issued it. On motion to chancer, the court shall consider the same in favor of the surety.

  1. Bail Agent’s Arrest Authority.

When he has occasion to arrest the principal, a surety may use such warrant to surrender him in court in discharge of his bail on the original process or upon scire facias or to secure him until a term of the court in which he may be surrendered for that purpose.

A surety in a recognizance taken by a justice of the supreme court, a judge of a district or superior court, or a clerk of the supreme or superior court, may make written application to the authority taking the recognizance for a warrant to apprehend the principal and commit him to jail. The authority taking the recognizance shall thereupon issue such warrant, directed to any sheriff or constable in the state. When the principal is committed to jail on such warrant, the bail shall be discharged

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