Apr 25, 2018

Maria P. Vallejo successfully represented the County of Hudson in the Appellat e Division, where a corporate bail surety appealed the trial court’s Order requiring the forfeiture of 80% of a $75,000 bond posted for a defendant.  In this case of first impression, the corporate surety argued that it should be relieved from a bail forfeiture order based on the doctrine of mutual mistake.  It was undisputed that the parties were unaware that defendant had an outstanding arrest warrant at the time the surety posted bail.  However, the Appellate Division agreed with  the county and affirmed the trial court’s decision, finding that the surety took no action to recover and capture the fugitive, which warrants only minimal remission of the bail.  The appellate court then declined to address the surety’s contractual arguments because they were premised on unsupported facts.

Chasan Lamparello
Mallon & Cappuzzo, PC

300 Lighting Way
Suite 200
Secaucus, NJ 07094
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