19-2917. MOTION TO SET ASIDE FORFEITURE. Pursuant to a motion filed within one hundred eighty (180) days after an order of forfeiture as provided in section 19-2915, Idaho Code, the court that ordered forfeiture may direct that the order of forfeiture be set aside, in whole or in part, upon such conditions as the court may impose, as provided by rules adopted by the supreme court, if it appears that justice so requires. If the court sets aside the order of forfeiture, then it may:
(1) Reinstate the bail;
(2) Exonerate the bail;
(3) Recommit the defendant to the custody of the sheriff and set new bail; or
(4) Release the defendant on his own recognizance.
History:
[19-2917, added 2009, ch. 90, sec. 2, p. 263.]
Structure Idaho Code
Section 19-2901 - SHORT TITLE.
Section 19-2902 - STATEMENT OF POLICY.
Section 19-2903 - RIGHT TO BAIL — LIMITATIONS.
Section 19-2904 - BAIL, RELEASE ON RECOGNIZANCE AND CONDITIONS OF RELEASE.
Section 19-2905 - DEFINITIONS.
Section 19-2906 - ADMISSION TO BAIL.
Section 19-2907 - POSTING BAIL — SUFFICIENT SURETIES.
Section 19-2908 - CASH DEPOSIT APPLIED TO PAYMENTS OF FINES, FEES, COSTS AND RESTITUTION.
Section 19-2909 - PROPERTY BOND.
Section 19-2910 - SUBSTITUTION OF SUFFICIENT SURETIES.
Section 19-2911 - RELEASE OF DEFENDANT ON POSTING BAIL.
Section 19-2912 - INCREASING OR REDUCING BAIL.
Section 19-2913 - SURRENDER OF DEFENDANT.
Section 19-2914 - ARREST OF DEFENDANT FOR SURRENDER.
Section 19-2914A - BAIL ENFORCEMENT AGENTS.
Section 19-2915 - FORFEITURE OF BAIL.
Section 19-2916 - SETTING ASIDE ORDER OF FORFEITURE AND REINSTATING BAIL.
Section 19-2917 - MOTION TO SET ASIDE FORFEITURE.
Section 19-2918 - REMITTANCE OF FORFEITURE — PAYMENT OF BAIL.
Section 19-2919 - REVOCATION OF BAIL — VIOLATION OF CONDITIONS OF RELEASE.
Section 19-2920 - REVOCATION OF BAIL — INSUFFICIENT SURETY.
Section 19-2921 - ORDER OF RECOMMITMENT — READMITTANCE TO BAIL.