Judges: RICHARD P. IEYOUB
Filed Date: 7/26/1996
Status: Precedential
Modified Date: 7/5/2016
Dear Judge Brandon:
Your request for an Attorney General's opinion concerning the notice requirement due a defendant as to the judgment of bond forfeiture has been forwarded to me for research and reply. You asked the following question:
What notice must a defendant be given as to the judgment of bond forfeiture under R.S.
15:85 (3)(a)(i) when a cash bond was posted by the defendant and he subsequently failed to appear before the court?
R.S.
[t]he notice of the signing of judgment shall be mailed by United States certified mail with return receipt to all the following:
(i) The defendant at the address designated pursuant to Code of Criminal Procedure Art.
322 .
The mandatory language of this provision indicates that notice of the judgment of bond forfeiture must be provided to the defendant if the forfeiture is to have validity.
I hope that the foregoing has adequately answered your question. If our office can be of further assistance please do not hesitate to contact us.
With kindest regards, I remain
Very truly yours
RICHARD P. IEYOUB ATTORNEY GENERAL
By: ___________________________ Robert L. Odinet Assistant Attorney General
RECEIVED: 6/10-96 RELEASED: July 26, 1996
ROBERT L. ODINET Assistant Attorney General