Q: I am a surety for a property bond for my brother in a criminal case in federal court. I need help with a Bond Forfeiture
My brother has been sentenced and is serving his time currently. He was released on bail in 3/2019 and had no issues until a dirty drug test. He was required to appear before the judge and surrender earlier then his original surrender date in his sentencing. The court then exonerated the bond. The us attorneys office has filed a motion to reverse the release of the bond as clerical error and forfeit due to the dirty drug test. I am located in Arizona and the court is in California. Does the excessive fine law fit in this equation of 75,000.00 fit for use of drugs while on bail (he passed all of them for 2 months prior) and requested a drug program in court as he admitted to having a problem and was granted his request. 2nd question would be how can I find cases specific to bond Forfeiture to reference in my opposition to the court?
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