When a Bond is Forfested
When someone gets released from jail on bail, they often sign an agreement with a bail bondsman. This agreement acts as a guarantee that the individual will appear for their court hearings and trial appearances. As part of the agreement, the person is required to pay an amount to the bond company and pledge collateral. Collateral is usually an item of value like a house or car. If the person fails to appear for their court appearances, their bond may be forfeited.
A bond forfeiture is a legal process by which a court orders that the bail that was posted for a defendant must be paid to the court. The forfeiture is made when the defendant misses a scheduled court appearance and fails to fulfill any other responsibilities set forth in the bond. Depending on the laws in your state, you may be able to avoid forfeiture if you have a valid reason for missing your court date.
When a person does not show up for their court appearance, the bail bonds in San Diego must pay the cash amount to the court. They will then attempt to find the defendant and return them to the custody of the police department. If the defendant is not found, a warrant for arrest will be issued.
What Happens When a Bond is Forfested?
If the bond is paid by a person who signs it as an indemnitor, or co-signer, the court can issue a document called an exoneration. This document releases the indemnitor from responsibility for the forfeiture. It must be given to the bail agent and returned to the co-signer within 45 days of the forfeiture.
The bail bond company must also pay for the expenses associated with the search and capture of a defendant who has skipped. This includes the cost of hiring bounty hunters to track down the defendant. This can be extremely costly, as bounty hunters are hired at a significant rate.
After a bond is forfeited, the court will provide written notice to the bail bond company and the defendant. The clerk will also certify that the notice was mailed or electronically transmitted within five business days of the forfeiture.
If the defendant is found before a bond forfeiture becomes final, the court will usually set a new date to appear in court. If the court determines that the bail forfeiture is invalid, it may recommit the defendant to custody or release him on his own recognizance. If the court does not, it will enter a default judgment against the defendant for the forfeited bond and will notify the bail bondsman and any surety company of its action. The court will send a certified copy of the forfeiture order to the bail bondsman and the surety company.
To avoid these repercussions, it’s crucial to adhere to the conditions of your bail agreement and appear in court as scheduled. If you are unable to pay your bail, you may explore alternatives, such as seeking assistance from a bail bondsman or requesting a bail reduction from the court.