Melone v. State

¶ 1. The trial court declined a request to set aside an order that a mother's bail money be forfeited to the State on the ground that it always refuses to return bail money no matter what the circumstance. But the statute on bail forfeitures, WlS. *454STAT. § 969.13(2) (1997-98),1 requires the court to exercise discretion and consider factors for and against enforcing the forfeiture on a case-by-case basis. Applying a blanket policy to all cases is an erroneous exercise of discretion because it is tantamount to a refusal to exercise discretion. We remand this case to the trial court to weigh the…