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Question: 1 / 400

Which of the following is NOT a reason for discharging a forfeiture within 60 days?

Defendant voluntarily surrenders

Defendant is incarcerated at the time of appearance

Extenuating circumstances beyond the defendant's control

Defendant fails to pay bond

Discharging a forfeiture within 60 days typically involves situations where the defendant's absence or non-compliance can be justifiably explained or excused. The correct choice emphasizes that the failure to pay the bond is not a valid reason for discharging a forfeiture. In fact, if a defendant fails to meet financial obligations related to the bond, this indicates non-compliance and is considered a reason for maintaining the forfeiture, thereby reinforcing the obligation that the defendant has under the bail conditions.

On the other hand, the other options illustrate legitimate circumstances where a forfeiture can be excused, such as when a defendant voluntarily surrenders, which shows a willingness to comply with the judicial process. Additionally, if a defendant is incarcerated at the time of their scheduled court appearance, this could affect their ability to appear and serves as a valid reason for their absence. Extenuating circumstances beyond the defendant's control, such as medical emergencies or other serious situations, also provide justification for their inability to appear in court, meriting a potential discharge of forfeiture.

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