State v. Peace

Appellant is the surety for defendant Beverly Peace whose $5,000 bail was forfeited because of her failure to appear for trial on an indictment for possession and sale of heroin. A motion for remission of the forfeiture pursuant to R. 3 :26-6(b) was denied by the Monmouth County Court. The Appellate Division on appeal modified the forfeiture to the extent of $2,000 (less State’s expense of $215) and ordered the remainder of the penal sum of the bond to be paid. We granted certification. 62 N. J. 573 (1973).

There was a seven-week delay after the case was first called for trial before defendant…