What is the legal test for obtaining a conditional discharge under section 1305 of the California Criminal Code?
California, United States of America
The following excerpt is from People v. Souza, 156 Cal.App.3d 834, 203 Cal.Rptr. 80 (Cal. App. 1984):
"Since the judgment against the bail is one taken by consent, the obligation assumed is absolute but for the defenses set forth in section 1305, and these must be asserted within the [180-day] period or the court loses jurisdiction [citations]." (People v. National Auto. & Cas. Co., supra, 242 Cal.App.2d 150, 153, 51 Cal.Rptr. 212.)
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