BOND FORFEITURE BOND JUDGMENT 33 01 Misdemeanors or

BOND FORFEITURE BOND JUDGMENT

33. 01. Misdemeanors or Felonies - Right to Release – Conditions � (a) Any person charged with a bailable offense shall be entitled to be released pending trial. Any person convicted of an offense entitled to be released upon appeal shall be released upon appeal until adoption by the court of an opinion affirming the judgment of conviction. � (b) The court shall set such conditions for release as will reasonably assure the appearance of the accused.

(d) The court shall in all cases release the accused upon his written promise to appear, unless the court determines that such release will not reasonably assure the appearance of the accused. If the court so determines it shall impose one or more of the following conditions for his release which will reasonably assure such appearance: (1) Place the person in the custody of a designated person or organization agreeing to supervise him; (2) Place restriction on the travel, association, or place of abode of the person during the period of release; (3) Require the execution of a bond in a stated amount with sufficient solvent sureties, or the deposit in the registry of the court of the sum in cash or negotiable bonds of the United States or of the State of Missouri or any political subdivision thereof; (4) Require the person to report regularly to some officer of the court or peace officer, in such manner as the court directs; (5) Require the execution of a bond in a stated amount and the deposit in the registry of the court of ten percent, or such lesser sum as the court directs, of such sum in cash or negotiable bonds of the United States or the State of Missouri or any political subdivision thereof; (6) Impose any other conditions deemed reasonably necessary to assure appearance as required, including a condition requiring that the person return to custody after specified hours.

MUNICIPAL BAIL � Rule 37. 15 � (a)Any person arrested for an ordinance violation is entitled to be released from custody pending trial. A person is also entitled to be released pending trial de novo, review and appeal.

(b) If an arresting officer has not released a person, the court shall order the person released upon the person’s written promise to appear unless the court finds: � (1) The promise alone is not sufficient reasonably to assure the appearance of the person; or � (2) The person poses a danger to a crime victim, the community or any other person.

(c) If the court determines that the imposition of conditions will assure that the defendant is reasonably likely to appear and will not pose a danger to a crime victim, the community or any other person, the court shall impose conditions for the release of the person. The appropriate conditions shall include one or more of the following: (1) Place the person in the custody of a designated person or organization agreeing to supervise the person; � (2) Place restrictions on the travel, association, or place of abode of the person during the period of release; � (3) Require the execution of a bond in a stated amount with sufficient solvent sureties, or the deposit in the registry of the court of the sum in cash or negotiable bonds of the United States or the State of Missouri or any political subdivision thereof; �

(4) Require the person to report regularly to some officer of the court or peace officer in such manner as the court directs; � (5) Require the execution of a bond in a stated amount and the deposit in the registry of the court of ten percent, or such lesser sum as the court directs, of such sum in cash or negotiable bonds of the United States or the State of Missouri or any political subdivision thereof; � (6) Impose any other conditions deemed reasonably necessary, including a condition requiring that the person return to custody after specified hours. �

Court Clerk’s Responsibilities � Access to Court Records �Bondsman shall have access to all publicly available court records of the defendant � Certified Copies of Bond �Rule 37. 25

Bail Bond Business � Controlled by Chapters 374 & 544 RSMO � Controlled by Rule 33 – State Courts � Controlled by Rule 37 – Municipal Court

374. 759. 3 RSMO All Missouri licensed bail bond agents or licensed general agents shall be qualified, without further requirements, in all jurisdictions of this state, as provided in rules promulgated by the supreme court of Missouri and not by any circuit court rule. � State Requirements � Local Requirements

Bail Bond Agent � 374. 715 � US Citizen � Over 21 years of age � High school diploma � Moral Character � 24 hours of training � 8 hours a year of continuing education � Qualifies with State upon Application

RULES SUPERCEDE STATUTES � If there is a conflict between supreme court rules and a statute, the rule always prevails if it addresses practice, procedure or pleadings. State ex rel. Union Electric Co. v. Barnes, 893 S. W. 2 d 804 (Mo. en banc).

Rule 33. 17 - State � A person shall not be accepted as a surety on any bail bond unless the person: (a) Is reputable and at least twenty-one years of age; (b) Has net assets with a value in excess of exemptions at least equal to the amount of the bond that are subject to execution in the state of Missouri; � (c) Has not, within the past 15 years, been found guilty of or pleaded guilty or nolo contendere to: � � (1) Any felony of this state or the United States; or � � (2) Any other crime of this state or the United States involving moral turpitude, whether or not a sentence was imposed; (d) Is not a lawyer, except that this disqualification shall not apply if the principal is the spouse, child or family member of the surety; � (e) Is not an elected or appointed official or employee of the State of Missouri or any county or other political subdivision thereof, except that this disqualification shall not apply if the principal is the spouse, child or family member of the surety; and � (f) Has no outstanding forfeiture or unsatisfied judgment thereon entered upon any bail bond in any court of this state or of the United States.

Rule 37. 29 – Municipal Court � A person shall not be accepted as a surety on any bail bond unless the person: (a) Is reputable, at least twenty-one years of age and a resident of the State of Missouri; � (b) Has net assets with a value in excess of exemptions at least equal to the amount of the bond that are subject to execution in the State of Missouri; � (c) Has not, within the past 15 years, been found guilty of or pleaded guilty or nolo contendere to: � (1) Any felony of this state or the United States; or (2) Any other crime of this state or the United States involving moral turpitude, whether or not a sentence was imposed; � (d) Has no outstanding forfeiture or unsatisfied judgment thereon entered upon any bail bond in any court of this state or of the United States. � � A lawyer, or an elected or appointed official or employee of the State of Missouri or any county or other political subdivision thereof shall not be accepted as a surety on any bail bond, except that, this disqualification shall not apply if the principal is the spouse, child or family member of the surety.

Individuals vs. Company � Those requirements are for an individual posting a bond. � Court’s usually do not look at individuals requirements before accepting bond but they can. � Bail Bond Companies – different standard � Bail Bond Companies Licensed by State

33. 20. Surety Company and Agent - Qualifications � (a) Any corporation, association, or company formed under the provisions of section 379. 010, RSMo, for the purpose of making surety insurance shall be qualified to act as a surety upon any bail bond taken under the provisions of these rules upon presenting evidence satisfactory to the court of its solvency. Any such bond shall be executed in the manner provided by law.

� (b) An agent acting on behalf of such a corporation shall be subject to the qualifications set forth in Rule 33. 17(c), (d), and (e), and, in addition, shall be licensed as a bail bond agent as required by law. � Lists same requirements for company agents as an individual.

379. 010 – Surety Company Registration � 379. 010. 1. Any number of persons, not less than thirteen in number, a majority of whom shall be citizens of this state, may associate and form a corporation, association or company for the purpose of making insurance regarding the following classes: � (3) Fidelity and surety;

� No company shall commence business or make insurance on one of the classes of insurance named in subsection 1 of this section unless, if it is a stock company, it has and maintains a paid in capital of at least eight hundred thousand dollars and a surplus of at least eight hundred thousand dollars or, if it is a mutual company, it has and maintains a policyholders' surplus of at least one million six hundred thousand dollars. No company shall commence business or make insurance on more than one of the classes of insurance enumerated in subsection 1 of this section unless, if it is a stock company, it has and maintains a paid in capital of at least one million two hundred thousand dollars and a surplus of not less than one million two hundred thousand dollars or, if it is a mutual company, it has and maintains a policyholders' surplus of not less than two million four hundred thousand dollars.

Rule 37. 32 Surety Company and Agent - Qualifications � (a) Any corporation qualified under the provisions of section 379. 010, RSMo, including the requirement that it produce evidence of its solvency satisfactory to the court, shall be qualified to act as a surety upon any bail bond taken under the provisions of this Rule 37. Any such bond shall be executed by a surety company in the manner provided by law. (b) An agent acting on behalf of such a corporation shall be subject to the qualifications set forth in Rule 37. 29(a), (c) and (d) and, in addition, shall be licensed as a bail bond agent as required by law.

� (b) An agent acting on behalf of such a corporation shall be subject to the qualifications set forth in Rule 37. 29(a), (c) and (d) and, in addition, shall be licensed as a bail bond agent as required by law. � Lists same requirements for company agents as an individual.

License Requirements � 374. 702. 1. No person shall engage in the bail bond business as a bail bond agent or a general bail bond agent without being licensed as provided in sections 374. 695 to 374. 775. � 2. No judge, attorney, court official, law enforcement officer, state, county, or municipal employee who is either elected or appointed shall be licensed as a bail bond agent or a general bail bond agent. � 3. A licensed bail bond agent shall not execute or issue an appearance bond in this state without holding a valid appointment from a general bail bond agent and without attaching to the appearance bond an executed and prenumbered power of attorney referencing the general bail bond agent or insurer. � 4. A person licensed as an active bail bond agent shall hold the license for at least two years prior to owning or being an officer of a licensed general bail bond agent.

5. A general bail bond agent shall not engage in the bail bond business: � (1) Without having been licensed as a general bail bond agent pursuant to sections 374. 695 to 374. 775; or � (2) Except through an agent licensed as a bail bond agent pursuant to sections 374. 695 to 374. 775. � � 6. A general bail bond agent shall not permit any unlicensed person to solicit or engage in the bail bond business on the general bail bond agent's behalf, except for individuals who are employed solely for the performance of clerical, stenographic, investigative, or other administrative duties which do not require a license pursuant to sections 374. 695 to 374. 789. � 7. Any person who is convicted of a violation of this section is guilty of a class A misdemeanor. For any subsequent convictions, a person who is convicted of a violation of this section is guilty of a class E felony.

License Requirements - Continued � 374. 710. 1. Except as otherwise provided in sections 374. 695 to 374. 775, no person or other entity shall practice as a bail bond agent or general bail bond agent, as defined in section 374. 700, in Missouri unless and until the department has issued to him or her a license, to be renewed every two years as hereinafter provided, to practice as a bail bond agent or general bail bond agent. � 2. An applicant for a bail bond and general bail bond agent license shall submit with the application proof that he or she has received twenty-four hours of initial basic training in areas of instruction in subjects determined by the director deemed appropriate to professionals in the bail bond profession. � 3. In addition to the twenty-four hours of initial basic training to become a bail bond agent or general bail bond agent, there shall be eight hours of biennial continuing education for all bail bond agents and general bail bond agents to maintain their state license. � 5. Nothing in sections 374. 695 to 374. 775 shall be construed to prohibit any person from posting or otherwise providing a bail bond in connection with any legal proceeding, provided that such person receives no fee, remuneration or consideration therefor.

Prohibited Acts 374. 717. No insurer or licensee, court, or law enforcement officer shall: � (1) Pay a fee or rebate or give or promise anything of value in order to secure a settlement, compromise, remission, or reduction of the amount of any bail bond to: � (a) A jailer, police officer, peace officer, committing judge, or any other person who has power to arrest or to hold in custody any person; or � (b) Any public official or public employee; � � (2) Pay a fee or rebate or give anything of value to an attorney in bail bond matters, except in defense of any action on a bond; � (3) Pay a fee or rebate or give anything of value to the principal or anyone on the principal's behalf; � (4) Accept anything of value from a principal except the premium and expenses incurred, provided that the licensee shall be permitted to accept collateral security or other indemnity from the principal in accordance with the provisions of section 374. 719.

General Agent � $10, 000. 00 CD � 2 years in the bail bond business

Disciplinary Action � 374. 755. 1. The department may cause a complaint to be filed with the administrative hearing commission as provided by chapter 621 against any holder of any license required by sections 374. 695 to 374. 775 or any person who has failed to renew or has surrendered his or her license for any one or any combination of the following causes:

Most Commons Problems � Use of controlled substances � Felony or moral turpitude within the last 15 years � Misappropriation of premium, collateral, or misconduct � Failing to provide a copy of the bail contract, renumbered written receipt for acceptance of money, or other collateral for the taking of bail to the principal, if requested by any person who is a party to the bail contract, or any person providing funds or collateral for bail on the principal's behalf.

Punishment � The director may suspend or revoke the license or enter into an agreement for a monetary or other penalty pursuant to section 374. 280. � In addition to any other remedies available, the director may issue a cease and desist order or may seek an injunction in a court of competent jurisdiction pursuant to the provisions of section 374. 046 whenever it appears that any person is acting as a bail bond agent or general bail bond agent without a license or violating any other provisions of sections 374. 695 to 374. 789.

Contractual Information � � Co-Signor Liability State v. Virgilito (Sup. 1964) 377 S. W. 2 d 361. � Ten-year statute, governing actions upon writing for payment of money, rather than three-year statute (§ 516. 130), governing actions for penalty or forfeiture, was applicable to proceeding on motion for default judgment on bail bond. Fees 10% fee for state charges 20% fee for misdemeanors and city Charges � Minimum fee is $50. 00 � �

Types of Bonds

Appearance Bond – 374. 700 “Bail Bond or appearance bond”, a bond for a specified monetary amount which is executed by the defendant and a qualified licensee pursuant to sections 374. 695 to 374. 789, and which is issued to a court or authorized officer as security for the subsequent court appearance of the defendant upon the defendant’s release from actual custody pending the appearance • Show up • Resolve Case

Appearance Bonds � Can’t use bond to insure completion of probation conditions. Once sentence imposed that bond is complete. � If give time to pay, then bond is complete. � If grant probation or impose sentence bond is complete.

Probation Violation � Appearance bond for probation violation �Not until all conditions are satisfied �Until resolution of the motion to revoke probation �Bond lasts for the duration of probation revocation hearing. � If reinstate probation, bond is complete. � If revoke probation, bond is complete

Payable Contempt � Bond for Contempt for Failure to pay fine �New Payment Plan or Time to Pay ○ Bond is complete ○ Conditions of bond satisfied �If continue contempt hearing – bond still in effect

Release of Surety

Bond Conditions Satisfied � Rules 33. 14, 33. 15 and 33. 16 – �State Court � Rules 37. 25, 37. 26, and 37. 27 – Municipal Court

Release of Surety � Surrender �Timely � Release �Pay Bond � Exoneration �Conditions Satisfied

DISCHARGE - SURRENDER When a bail desires to surrender his principal, he may procure a copy of the recognizance from the clerk, by virtue of which the bail, or any person authorized by him, may take the principal in any county within this state. � 544. 600 RSMO

Timely Surrender of Defendant � Rule 33. 13 or 37. 25 � Certified copy of bond and surrendered before judgment

� 544. 600. When a bail desires to surrender his principal, he may procure a copy of the recognizance from the clerk, by virtue of which the bail, or any person authorized by him, may take the principal in any county within this state. � The peace officer shall take the principal into custody and acknowledge acceptance of the principal in writing.

BOND PROCESS � The distinction between bond forfeiture and judgment on the forfeiture is a long observed one under Missouri law. The court's mere noting of the forfeiture is not the final determination of the liability of the defendant and his surety; rather, it is the preliminary step to the issuance of the judgment on the forfeiture.

Bond Forfeiture

Bond Forfeiture Process Bond Forfeiture is a two-step process. First, the court enters an order of forfeiture when the bond is breached. Breach of the bond occurs when the defendant fails to report in court as required and the court enters that fact of record. � Second, after the breach of the bond, the court must give notice to the parties and allow the surety an opportunity to show good cause why judgment should not be entered on the forfeiture. �

Procedure �Forfeiture Declared – ○ Motion for Judgment on Forfeiture ○ Notice of Hearing on Motion for Judgment �To Surety and Defendant ○ Reasonable Time for Notice of Hearing �And Surrender of Principal Forfeiture Set Aside �Final Judgment �Judgment Set Aside

Forfeiture Set Aside � Incarcerated within the United States � 374. 770 RSMO �Supply proof prior to judgment ○ Vine link ○ Letter of Incarceration (LOI) �Incarcerated after forfeiture - YES �Incarceration need not be at time of bond forfeiture. ○ State v. Head (App. W. D. 1991) 804 S. W. 2 d 833. ○ (any time prior to judgment)

TIMELY SURRENDER � Rule 37. 25 �Prior to Judgment ( or soon thereafter) �Responsible for all fees and costs ○ Transportation costs from another jail ○ Other expenses.

Costs and Expenses � Under Missouri law, the bailor at any time before final judgment against him upon a forfeited recognizance, may surrender his principal in open court or to the sheriff; and upon the payment of all costs occasioned by the forfeiture, and all costs that may accrue at the term to which the prisoner was recognized to appear, may thereupon be discharged from any further liability upon the recognizance. Section 544. 610; see also Rule 33. 13. and 37. 25

Set Aside Forfeiture � Rules 37. 26 and 33. 14 � The court may direct that a forfeiture be set aside upon such conditions as the court may impose, if it appears that justice does not require the enforcement of the forfeiture. � Deported – not in custody but justice requires.

Bond Exonerated � Rules 37. 27 and 33. 15 � When the conditions of the bond have been satisfied the court shall release the obligors. � When a forfeiture of the bond is set aside, the court may release the obligors.

BOND EXONERATED � Any surety may be released upon depositing cash in the amount of the bond or by a timely surrender of the defendant.

Forfeiture to Judgment � The order of forfeiture is interlocutory (provisional) and must be reduced to judgment to be enforceable. State v. Wynne, 181 S. W. 2 d 781, 783 (Mo. App. 1944).

Rule 33. 14 � When a forfeiture has not been set aside, the court shall on motion enter a judgment of default and execution may issue thereon. By entering into a bond the obligors submit to the jurisdiction of the court in which the defendant is required to appear and irrevocably appoint the clerk of the court as their agent upon whom any papers affecting their liability may be served. Their liability may be enforced on motion without the necessity of an independent action. The motion and such notice of the hearing as the court prescribes may be served on the clerk of the court, who shall forthwith mail a copy to each of the obligors.

� Obligors, by entering a bond, submit to the jurisdiction of the court in which the accused is required to appear and irrevocably appoint the clerk as their agent for service of process. Rules 33. 14 and 37. 26. � Thus, the clerk shall mail the prosecutor's motion for judgment on the bond and the notice of hearing to each obligor.

Bond Judgment

Final Judgment � It has long been recognized that an action to enforce a forfeiture on a bond is in the nature of a civil action. � Therefore, the trial court under Rule 75. 01, retains control over the judgment for 30 days and may vacate, reopen, correct, amend, or modify the forfeiture within that time upon a showing of good cause.

Set Aside Judgment � Where a surety brings a defendant's surrender and incarceration to the attention of the court within 30 days after it entered its judgment, unless appeal is taken or the court is otherwise deprived of jurisdiction earlier, the court has the authority to modify its earlier judgment and set aside a portion of the forfeiture. State v. Goodrich, 12 S. W. 3 d 770, 776, fn. 2 (Mo. App. W. D. 2000).

State vs. Atkins, Mo. App. 2015 � The trial court erred and abused its discretion in denying Surety's motion to set aside the default judgment given that Surety presented sufficient evidence that it located, apprehended, and surrendered the defendant within 30 days of the trial court's entry of final judgment of forfeiture. State vs. Atkins, 470 S. W. 3 d 789 (Mo. App. E. D. , 2015)

479. 210 RSMO – BOND JUDGMENTS � In case of a breach of any recognizance entered into before a municipal judge or an associate circuit judge hearing a municipal ordinance violation case, the same shall be deemed forfeited and the judge shall cause the same to be prosecuted against the principal and surety, or either of them, in the name of the municipality as plaintiff. � Such action shall be prosecuted before a circuit judge or associate circuit judge, and in the event of cases caused to be prosecuted by a municipal judge, such shall be on the transcript of the proceedings before the municipal judge.

Judgment of Default � On the date set for hearing on the motion for judgment on the bond, if the forfeiture has not been set aside previously, the court may enter a judgment of default on the bond and execution may be issued to enforce that judgment. Rule 37. 26. �Default on the bond. � This proceeding was historically known as a writ of scire facias. See Section 544. 640.

Enforcement of Judgments In most judicial circuit, the presiding judge or the judge’s designee maintains a list of sureties authorized to write bonds within the circuit. � If a judge has ordered a bond forfeited, has entered a judgment on it, and if the judgment remains unsatisfied for any appreciable period of time, the judge or clerk should notify the presiding judge of the circuit. The presiding judge may then remove that surety from the list of approved sureties to do business in the circuit. � Usually, merely advising the surety that such steps are about to be undertaken will bring immediate satisfaction of the judgment. �

COLLECTION OF JUDGMENTS � Municipal Court �Transcript of Proceedings �Transfer Judgment to Circuit Court � Prosecute in Associate Circuit Court

Collection of Judgments from DOI � 374. 763 RSMO vs. 479. 210 RSMO � Dept. of Insurance shall take from CD six months after date of judgment �Only state court judgments

374. 763 RSMO – State Court � 1. If any final judgment ordering forfeiture of a defendant's bond is not paid within a six-month period of time, the court shall extend the judgment date or notify the department of the failure to satisfy such judgment. The director shall draw upon the assets of the surety, remit the sum to the court, and obtain a receipt of such sum from the court. � 2. The department shall furnish to the presiding judge of each circuit court of this state, on at least a monthly basis, a list of all duly licensed and qualified bail bond agents and general bail bond agents whose licenses are not subject to pending suspension or revocation proceedings, and who are not subject to unsatisfied bond forfeiture judgments. In lieu of such list, the department may provide this information to each presiding judge in an electronic format.

Department of Insurance � Judgment must be in Circuit Court to be paid out from CD � Will give Surety 6 months to resolve before remove from CD � Surety maybe removed from bonding list prior to 6 months

Self-Help Remedies for Cities � City List � County List

Civil Remedies � Need State Judgment �Associate Circuit or Transcript of Proceedings

Reality � Out of business vs. Still in business � State Judgment – Surety, General Agent and Agent

OSCA (4 -10) MU 30 1 of 1 SCR 37. 26 and 37. 27 Judge or Division: Case Number: Judge Nigro Court ORI Number: MO 019101 J Offense Cycle No. (OCN): City of Raymore Defendant’s Name/Address: vs. Surety’s Name/Address: (Date File Stamp) Motion to Enter a Judgment of Default on Bond Forfeiture The above named defendant failed to appear in the Municipal Court of the City of Raymore on , as required by the terms and conditions of the bond dated . The amount of $____ may be forfeited unless defendant and surety appear on the hearing date. ______________ Prosecutor Notice of Hearing The above named defendant and surety are notified they must appear before the court on ________at_____, for the hearing on the City’s Motion to Enter a Judgment of Default on Bond Forfeiture and to show cause why in the interest of justice, bond should not be forfeited. _____________ Judge I certify that a copy of this notice has been mailed on _____________, by regular mail to the above named defendant, surety and defendant’s attorney, if applicable. _____________ Court Administrator

OF CASS COUNTY, MISSOURI ITY OF RAYMORE OSCA (7 -07) MU 32 Judge or Division: Raymore Case Number: Court ORI Number: MO 019101 J Prosecuting Attorney: William Marshall City of Raymore vs. Defendant: Surety’s Name/Address: (Date File Stamp) Judgment of Bond Forfeiture On __________, the City appears by Prosecuting Attorney and the above named surety on the bond fails to appear even though notified as provided by law. The cause was considered on the City’s motion. Evidence was adduced. City’s motion for bond forfeiture is denied. City’s motion for bond forfeiture is granted. Bond ordered forfeited. The court finds all the issues in favor of the City and against the above named surety on the bond. IT IS ORDERED that the City have judgment against the surety on the bond in the amount of $. _______________ Date ______________________ Judge

WARRANTS AND COURT APPEARANCES

Complaint Filed A. Summons Issued B. Defendant Appears and is Arraigned C. Defendant Fails to Appear 1. Issue Warrant – if not already issued 2. Initial bond forfeiture - Set for Judgment hearing 3. Non-Resident Violators Compact Warning 4. FACT Suspension Warning, if applicable D. If Summons not issued and Defendant not appear 1. Issue summons (and show cause)and schedule court date 2. Initial bond forfeiture - Set for Judgment hearing 3. Non-Resident Violators Compact Warning 4. FACT Suspension Warning, if applicable

A. Show Cause Date A. Minor Traffic – a. Issue warrant b. Bond Forfeiture Hearing – enter Judgment? i. Continue hearing – discretion of judge c. Lieu of Bail to Dept. of Revenue

B. Non-Minor and Ordinance Violations a. Issue warrant b. Bond Forfeiture Hearing – enter Judgment? i. Continue hearing – discretion of judge c. Lieu of Bail to Dept. of Revenue d. Non-Resident Violators Compact warning to defendant 4. FACT Suspension warning to defendant if applicable 5. Failure to Appear Charge i. If your city has an ordinance and applicable ii. Always after summons date

III. Payment Plans: A. Fails to follow payment plan – 1. Written agreement vs. Show Cause: a. Issue warrant b. FACT Suspension Warning to defendant, if applicable c. Non-Resident Violators Compact warning to defendant, if applicable d. payment – no court order

IV. Probation Violations: A. Fails to comply with conditions of Probation 1. Send Probation Revocation Motion 1. Order to Show Cause why Probation not Revoked 2. Set Show Cause Date 2. FACT Suspension Warning to defendant, if applicable 3. Non-Resident Violators Compact warning to defendant, if applicable B. Fails to appear on Show Cause date – 1. Issue Warrant 2. Suspension Notice/NRVC/Lieu of Bail to Dept of Revenue, if applicable

V. 1. Warrant Time Periods: New charge – a. Can hold up to 24 hours without warrant 2. Warrant Issued within 24 hours a. Minor Traffic – Once warrant issued – must be seen within first 48 hours, if not bonded out or released 2. All others charges – Once warrant issued – must be seen within first 72 hours, if not bonded out or released