Opinion No. Oag 25-79, (1979)

JAMES MOHR, District Attorney Vilas County

Prior to the recent expiration of his term, your predecessor, Timothy Vocke, had asked whether a cash bond which has been declared forfeited, as authorized by sec. 969.13, Stats., may be used to pay restitution to the victim of the crime with which the forfeiting defendant was charged. My opinion is that a forfeited cash bond may not be used for that purpose.

A court's order declaring the bail to be forfeited may be set aside if justice does not appear to require its enforcement. Sec.969.13 (2), Stats. Prior to the time that judgment for the amount of…