When can a court vacate the order of forfeiture for a defendant with a permanent disability?

Study for the California Bail Exam with quizzes and flashcards, featuring multiple-choice questions with hints and explanations. Prepare effectively for your certification test!

A court can vacate the order of forfeiture for a defendant with a permanent disability if the defendant is without the connivance of the bail. This means that the defendant must not have willfully or intentionally caused their own failure to appear in court. In cases involving permanent disabilities, the court recognizes that certain conditions might prevent a defendant from attending hearings, and if it is determined that the bail bond company, or any other party, did not collude or conspire with the defendant to avoid court appearances, the forfeiture can be set aside.

The other choices reflect different circumstances that do not directly address the condition of connivance in relation to forfeiting a bail bond. Mental competence, incarceration for any reason, or financial inability to afford bail do not automatically warrant a vacate of forfeiture under the law concerning permanent disabilities and the necessity of demonstrating that the defendant did not act against the interests of the bail agreement. Therefore, the correct answer emphasizes the requirement of the defendant's conduct in relation to their obligations to the court and the bail process.

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