1. Applicable Statutes

Wyoming Court Rules Annotated, Wyoming Rules of Criminal Procedure, Rule 46

2. Licensing Requirements

There are no licensing provisions for bail agents at this time.

3. Notice of Forfeiture

If there is a breach of condition of a bond, the court shall declare a forfeiture of the bail. The motion and such notice of the motion as the court prescribes may be served on the clerk of the court, who shall forthwith mail copies to the obligors to their last known addresses. [WY R RCRP Rule 46]

4. Forfeiture to Judgment

When a forfeiture has not been set aside, the court shall on motion enter a judgment of default and execution may issue thereon. By entering into a bond, the obligors submit to the jurisdiction of the court and irrevocably appoint the clerk of the court as their agent upon whom any papers affecting their liability may be served. Obligor's liability may be enforced on motion without the necessity of an independent action. The motion and such notice of the motion as the court prescribes may be served on the clerk of the court, who shall forthwith mail copies to the obligors to their last known addresses. [WY R RCRP Rule 46]

5. Defenses to Forfeiture

The court may direct that a forfeiture be set aside in whole or in part, upon such conditions as the court may impose, if a person released upon execution of an appearance bond with a surety is subsequently surrendered by the surety into custody or if it otherwise appears that justice does not require the forfeiture. [WY R RCRP Rule 46]

6. Remission

After entry of such judgment, the court may remit it in whole or in part if the surety subsequently surrenders the defendant or if it otherwise appears that justice does not require the forfeiture. [WY R RCRP Rule 46]

7. Bail Agent's Arrest Authority

While the statute does not grant express arrest authority to the bail agent, it can be implied from the remission requirement that a “surety surrender the defendant into custody.” [WY R RCRP Rule 46]

8. Other Noteworthy Provisions

9. Noteworthy Appellate Decisions

Beagle v. State , 86 P.3d 1271 ( Wyo. , 2004).

A defendant failed to appear and the court ordered the bond forfeited. The sureties appealed, claiming that the defendant's default was not willful, and the state was not prejudiced and suffered no costs as a result of the delay. The district court ordered a 50% remission of the bond. After multiple appeals and remands, the Supreme Court declared that a district court has the discretion to determine whether or not to remit the amount in part or in full, and it should consider the following factors in making that determination:

1. The willfulness of the defendant's breach of conditions;

2. The reasonable relationship between the forfeiture ordered and the cost and inconvenience to the government of regaining custody of the defendant;

3. The participation of the surety in apprehending the defendant;

4. The cost, inconvenience, and prejudice suffered by the government as a result of the defendant's breach;

5. The amount of delay caused by the defendant's default and the stage of the proceedings at the time of the disappearance;

6. The public interest and necessity of effectuating the appearance of the defendant; and

7. Any explanation or mitigating factors presented by the defendant.

The district court did not abuse its discretion in finding a 50% remission appropriate.

10. Bounty Hunter Provisions

There are currently no provisions relating to bounty hunters.