Kansas City, MO asked in Criminal Law for Oklahoma

Q: What does forfeiture after 91st day mean

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1 Lawyer Answer
David A. Cincotta
David A. Cincotta
Answered
  • Criminal Law Lawyer
  • Oklahoma City, OK
  • Licensed in Oklahoma

A: If this is in reference to a bond/bail forfeiture, then it likely has to do with the process set forth in law regarding when a bondsman must pay the bond forfeiture. This area of the law is very technical. Without getting into too many details on the bond forfeiture procedures, you just need to know that there are certain deadlines by which a bondsman must act to either avoid paying the forfeiture or getting the money back. One of those timelines is that a bondman must pay the bond forfeiture to the court clerk on the 91st day following the bond being forfeited and the bondsman receiving notice of the forfeiture, if the defendant has not been returned to custody by the 90th day following the forfeiture.

If, however, a bondsman was not used and a cash bond was posted instead, this could mean that the time frame to have the bond forfeiture judgment vacated and cash bond returned to the person who posted it has elapsed, and it could also be a notation by the court clerk on the docket for why money held by the court clerk (the cash bond) was transferred to another account.

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