Cases | Commonwealth v. Rose, 58 Pa. D. & C.4th 505 (2002) | 2018
The defendant pled guilty to theft by unlawful taking in one case, and criminal trespass in another. Bail was set at $50,000 and $10,000, respectively. The defendant failed to appear for sentencing in both cases, which was to occur on the same day. A warrant was issued for her arrest, and her bail was revoked and forfeited. Thereafter, the Commonwealth filed a petition to utilize the forfeited bail for restitution to compensate the elderly victim in the first case. The county opposed the petition, arguing that the court did not have the authority to provide the relief requested by the Commonwealth. The Common Pleas Court of Carbon County noted that while the Rules of Criminal Procedure do not provide for the disposition of forfeited bail, state statute directs that forfeitures imposed by the court of common pleas are payable to the county. A forfeiture may be set aside or remitted as justice requires, but not without a hearing on the claim’s equities. The court concluded that granting the Commonwealth’s request would result in an unfair burden on the county and on the surety. Because mandatory restitution needs to be ordered against the offender, not the surety or the county, at the time of sentencing, the court denied the Commonwealth’s petition.