State v. Old W. Bonding Co

In State v. Old W. Bonding Co., 203 Ariz. 468,25, 56 P.3d 42, 49 (App. 2002) the Court enumerated several factors "that might bear on the court's discretionary decision whether, and in what amount, to forfeit an appearance bond." Id.26. Those factors include: (1)whether the defendant's failure to appear due to incarceration arose from a crime committed before or after being released on bond; (2) the willfulness of the defendant's violation of the appearance bond; (3) the surety's effort and expense in locating and apprehending the defendant; (4) the costs, inconvenience, and prejudice suffered by the state as a result of the violation; (5) any intangible costs; (6) the public's interest in ensuring a defendant's appearance; (7) any other mitigating or aggravating factors. Id. "But the grant of discretion to a court does not mean that it can be exercised arbitrarily." Id.25. Rather, it must be exercised reasonably, and in furtherance of governing law. See id.