In State v. Cruz, 2009 WL 1097933 (N.J. Super.A.D. April, 2009) the defendant failed to appear and the court issued a bench warrant but neglected to notify the surety. The defendant was located in federal custody, and the court remitted 40% of the bond amount. The surety appealed. The Appellate Division held that the failure to give the surety statutory notice required reversal of the judgment but also noted that the trial court record did not explain or justify the 40% remission and that the trial court's conclusion that the defendant committed a new crime while on release did not follow the fact that he was taken into custody by federal authorities.