State v. Evans

This case presents the issue of whether a bondsman who has surrendered a defendant to proper legal authorities is entitled to have a final judgment of bond forfeiture set aside based upon extraordinary circumstances under N.C. Gen. Stat. § 15A-544.8 (2003). As this Court’s precedent indicates such a surrender constitutes extraordinary circumstances, I respectfully dissent.

The efforts of a bondsman resulting in the detention of a principal on the charge for which the bond was secured constitutes extraordinary cause. See State v. Locklear, 42 N.C. App. 486, 488-89, 256 S.E.2d 830, 832 (1979)…