South Dakota
South Dakota Supreme Court reverses lower court bail bond decision
The South Dakota Supreme Court has reverse a lower court decision and ordered a jail bond be set aside.
Dakota Bail Bonds posted jail bonds for two defendants under one condition: they both appear in court.
The defendants made their court date, but violated other conditions of their release, so the state ordered forfeiture of the bonds. That means the bond money must be given to the court.
Dakota Bail Bonds claimed the defendants appeared in court, therefore their bonds should not be forfeited.
A lower court sided with the state saying the language of the bond didn’t apply to only court appearances.
The state Supreme Court reversed that decision, saying a bail bond is “widely understood only to ensure appearances.” The court also said that Dakota Bail Bonds’ agreement with the state solely ensured defendants would appear in court. Because the defendants did, the forfeiture should have been set aside.