Exoneration of Bond

To: Cowlitz Criminal Bar

Fr: Marilyn K. Haan, Assistant Presiding Judge

Dt: October 8, 2020

Re: Exoneration of Bond

This is a reminder that once your client pleads guilty or is found guilty, any posted bond is exonerated by operation of law at the moment of conviction. RCW 10.64.025(1); State v. French, 88 Wash. App 586, 945 P.2d 752 (Div 2 1997). Thus, your client should be prepared to go into custody unless, subject to RCW 10.64.025, the judicial officer determines it appropriate to set bail or release the defendant on their personal recognizance pending sentencing.

In addition, previously the Court had requested a "rider" to the original bond. There is no "rider" as such but what had become known as the extension of obligation by the bail company under the original bond through to the time of sentencing. If acceptable to the hearing judicial officer, a letter from the bonding company confirming they will remain obligated on the original bond through to sentencing, then the Court, may accept that in lieu of a newly issued bond.

CLE - Advice from the Bench
Omnibus Orders

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