Motion For Remission Of Judgment Of Forfeiture {CR-367}

Exempt from VRA Certif. All 3 pages of this form must be filed together. Page 1 of 3 CR-367 (7/13)(cs) Crim. R. 41(h)(4) MOTION AND ORDER RE REMISSION OF JUDGMENT OF FORFEITURE IN THE DISTRICT/SUPERIOR COURT FOR THE STATE OF ALASKA AT STATE OF ALASKA ) MUNICIPALITY OF ANCHORAGE ) CITY OF ) Plaintiff, ) vs. ) ) CASE NO. CR ) ) Defendant. ) MOTION FOR REMISSION DOB: ) OF JUDGMENT OF FORFEITURE T his motion can only be filed within one year after the date of the forfeiture judgment. Criminal Rule 41(h)(4) governs this procedure. Instructions : You must (1) complete pages 1 & 2; ( 2 ) attach a copy of the judgment of fo rfeiture ; and ( 3 ) serve a copy on the prosecutor, defendant , and the person who posted/pledged security. You must sign this in front of a notary. A court clerk can notarize this for you at no charge. Bring a photo ID with you for the notarization. Note: If some or all of the forfeited bail was applied to restitution, that amount will not be remitted. MOTION FOR REMISSION I request remission of the forfeited bond in the amount of $ because: I assisted in returning the defendant to appear in this matter as explained in the affidavit below. Extraordinary circumstances exist as explained in the affidavit below. HEARING. I do not request a hearing. I request a hearing in order to present evidence of the above. AFFIDAVIT I state upon oath or affirmation that the following facts are true to the best of my knowledge: American LegalNet, Inc. www.FormsWorkFlow.com Exempt from VRA Certif. All 3 pages of this form must be filed together. Page 2 of 3 CR-367 (7/13)(cs) Crim. R. 41(h)(4) MOTION AND ORDER RE REMISSION OF JUDGMENT OF FORFEITURE Case No. (AFFIDAVIT CONTINUED) (Attach additional pages if necessary.) Date Signature of Person Filing Motion Print Name Mailing Address City State ZIP Work Phone Home Phone Cell Phone Subscribed and sworn to or affirmed before me at , Alaska, on , 20 . Clerk of Court, Notary Public or other person (SEAL) authorized to administer oaths. My commission expires: I certify that on (date) copies of this motion, affidavit and the judgment of forfeiture were sent to: Prosecutor Attorney Defendant Bond Company or Person who posted/pledged security: Signature of person serving motion: Clerical Use Only Part or all of the bail forfeited by this judgment was appli ed to restitution: Yes. Amount $ No. Clerk: American LegalNet, Inc. www.FormsWorkFlow.com Exempt from VRA Certif. All 3 pages of this form must be filed together. Page 3 of 3 CR-367 (7/13)(cs) Crim. R. 41(h)(4) MOTION AND ORDER RE REMISSION OF JUDGMENT OF FORFEITURE : Case No. ORDER ON MOTION FOR REMISSION A hearing on the motion was held on . No hearing was held because no evidence has been presented that requires an evidentiary hearing or because sufficient evidence was presented in the motion. IT IS ORDERED that the request for remission is: DENIED. The judgment remains in full force and effect. If not already paid, the judgment is due immediately. Reason for denial: No evidence demonstrates that the defendant was returned with the assistance of the person who posted/pledged security. No evidence demonstrates extraordinary circumstances allowing remission. $ of the forfeited bail was applied to restitutio n as required by AS 12.30.075. Therefore, remission cannot be granted for the amount that was applied to restitution. Additional Explanation: GRANTED as follows: The entire judgment of forfeiture is remitted. $ of the judgment is remitted. The remaining forfeited bail is not remitted because: $ was applied to restitution as required by AS 12.30.075. Therefore, remission cannot be granted for the amount that was applied to restitution. $ is ordered applied to the expenses incurred for enforcement of the forfeiture to custody. The defendant or person who posted/pledged security is not required to pay the amount of the judgment that was remitted. Any amount previously paid shall be returned to the owner. Date Judge Type or Print Name of Judge I certify that on a copy of this order was sent to: Defendant Prosecutor Bond company Surety company or person who posted/pledged security Criminal Dept. TCA or Bookkeeper AG/City Collections Unit with copy of original judgment of forfeiture Clerk: American LegalNet, Inc. www.FormsWorkFlow.com