When may the judge forfeit a cash bond without going through the bond forfeiture proceedings in Chapter 22?

• A. A judge may take a bond for the fine and costs when a defendant has entered a written and signed conditional plea of nolo contendere and a waiver of jury trial, and the defendant fails to appear according to the terms of release.
• B. A judge may forfeit cash bonds at the judge's discretion in any case.
• C. A judge may forfeit cash bonds only after a jury trial.
• D. A judge may forfeit cash bonds only if the defendant is convicted.

Answer: (A)

When a defendant has signed a written conditional plea of nolo contendere with a waiver of jury trial and then fails to appear as required, the judge may apply the cash bond directly to the fines and costs, bypassing the formal bond forfeiture proceedings. This works because the negotiated plea includes specific terms—including appearance and payment obligations—and failing to meet those terms constitutes a breach of the agreement. In that breach situation, the court can immediately satisfy the financial obligations from the bond without going through the usual forfeiture process. The other scenarios — broad discretionary forfeiture, requiring a jury trial, or requiring conviction — do not align with this particular exception, which rests on the breach of the terms of a conditional nolo contendere plea and the waiver of jury trial.