Which party must file to initiate bond forfeiture citation?

• A. The defendant
• B. The prosecutor
• C. The court
• D. The surety

Answer: (B)

When the defendant fails to appear or violates release conditions, bond forfeiture is a state action to recover the bail. The party who starts this process is the prosecutor, because it’s the state’s responsibility to enforce release terms and seek forfeiture if they’re not met. The prosecutor files a bond forfeiture citation or motion with the court to obtain a forfeiture order. Once filed, the court reviews and grants the forfeiture, can issue warrants, and notifies the surety of liability. The defendant is the one whose behavior triggers the action, but does not initiate the forfeiture; the surety posts the bond and bears eventual liability, yet does not initiate the filing.