State v. TWO JINN, INC.
150 Idaho 264
Idaho Ct. App.2010Background
- Bardsley was charged with felony DUI, driving without privileges, and false personation; bail set at $10,000 and Two Jinn posted a surety bond.
- Bardsley wore an alcohol-monitoring device as a bond condition; he stopped paying for and downloading data from the device after denial of removal.
- Bond forfeiture was entered after Bardsley failed to appear on March 24, 2009 and extradition proceedings ensued.
- Two Jinn discovered Bardsley was in federal custody in San Diego and attempted to resolve the matter within the 180-day forfeiture window.
- Two Jinn posted a $50,000 bond in California to secure Bardsley’s release and later surrendered him after he was released, prompting a hearing on setting aside forfeiture and exonerating the bond.
- The district court denied Two Jinn’s motion to set aside the forfeiture and exonerate the bond; Two Jinn appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court properly exercised discretion to exonerate the bond. | Two Jinn asserts the court abused discretion by not considering mitigating factors. | State contends the court properly weighed willfulness, costs, and deterrence. | No abuse of discretion; factors supported denial of exoneration. |
| Whether the district court correctly applied the statutory and procedural standards for exoneration under former I.C. § 19-2927/IVCR 46. | Two Jinn argues standards support exoneration given Two Jinn’s efforts. | State argues strict enforcement due to willful nonappearance. | Standards applied correctly; no alteration of 180-day automatic exoneration rule. |
Key Cases Cited
- State v. Quick Release Bail Bonds, 144 Idaho 651 (Ct.App.2007) (set factors for exoneration and discretionary review of bond forfeiture)
- State v. Fry, 128 Idaho 50 (Ct.App.1994) (factors for exoneration include willfulness, costs, and public interest)
- State v. Two Jinn, Inc., 148 Idaho 874 (Ct.App.2010) (authority affirming district court’s denial of exoneration and forfeiture relief)
