First of all, bail bonds serve a specific purpose. They are designed to keep you out of jail during the time of your arrest and the trial. This enables defendants to better prepare for the trial. However, when a judge sets the bail, this is done on the premises that the defendant will:
- Pay the bail amount
- Appear in court at the date and time of the trial
A bail bonds company can help pay for the bail amount, making a promise to the court on behalf of the defendant. The bondsman provides a written surety bond to the court, which explicitly guarantees that the defendant will abide by the bail bond agreement terms for their release and court hearing attendance.
What does the promise made between the bail bonds company and the court entail? Essentially, the surety bond states that if the defendant fails to attend court or violates another condition of their bail agreement, the bail is forfeited.
But this begs two important questions we first need to clarify: What is a bail forfeiture, and what happens in the event of a bail forfeiture?
What Is a Bail Forfeiture?
As explained, bail forfeiture occurs when a person released on cash bail encounters an FTA (failure to appear in court). Forfeiture could also happen in the event other conditions as part of the bail agreement are violated. Failing to surrender to the execution of the judgment after the appeal is also described as a case for bail forfeiture.
It is important to note that FTA does not necessarily mean that your bail is going to be forfeited. Courts have a legal process in place, the reinstatement of bail bonds, which enables the defendant to provide a sufficient reason for their absence. This is done by filling out a form. As it is a legal process, the form must be filled, signed, and delivered by an attorney or a legal bail bond agent.
When this happens, a judge must declare the bail forfeiture in open court.
What Happens When a Bail Bond is Forfeited?
To put it in simple terms, a bail bond is forfeited when the surety bond, aka the promise made between the bail bond company and the court, is declared void. Consequently, the consequences of bail forfeiture can affect both the bail bond company and the defendant.
Two options are available when it comes to responding to bail forfeiture:
- The bail bond company becomes responsible for paying the entire bail bond amount.
- The court is allowed to keep the bail.
Regardless of what happens, bail forfeiture is often perceived as bail loss.
What If The Bail Bond Company Must Pay The Remaining Bond Amount?
When you fail to follow the terms upon which you were released on bail, the court will likely turn to the bail bondsman.
The court can request the bail bond company to present the defendant to court within a delay of 180 days. This is the forfeiture period in California. Bear in mind that other states may have shorter forfeiture periods. If the defendant is localized and within police custody or at the court within this period, the bail is not forfeited. This means it isn't lost, and the bondsman doesn't need to pay the full bail amount.
Unfortunately, in the event the defendant can't be localized within the specific period, the financial responsibility of the entire payment falls onto the company.
As bail bond companies only need to pay a small amount of the bail when they sign off a client, the financial consequences of bail forfeiture can be devastating.
What Happens To The Defendant After Bail Forfeiture?
As a defendant, you are requested to appear on a specific date(s) in court. The dates are shared with you in advance. An FTA is a serious offense in California law, and you may face additional charges for committing it.
Penalties can be severe. The court is less likely to grant the same defendant further bails in the future.
Additionally, the court can issue a warrant for immediate arrest, which authorizes the police to arrest you whenever and wherever they find you. Besides, a warrant for immediate arrest is also likely to attract countless bounty hunters.
How To Address A Bail Forfeiture Situation
While bail forfeiture is a serious issue, it doesn't mean it isn't something that can be addressed effectively to reestablish your bail bond and preserve your freedom.
A defendant can deal with a forfeited bail in different ways:
- Show back up to court
- Consider a bond reinstatement
- Request a new bond
Reaching Out To Your Bail Bond Company
A bond reinstatement is the process of asking the judge to cancel the bail revokement. As the bail is revoked or forfeited when you fail to appear in court, the bail bond company can be crucial in exposing your reasons and establishing the reinstatement of the bond.
Thankfully, in most cases, judges will consider reinstating the bail bond when they accept your reasons for not appearing at a court hearing. Beware; however, courts will not accept any reasons, and that's precisely why it is essential to reach out to professionals who know and understand the local court system. The process will eliminate potential bench warrants for your immediate arrest if they have been issued following the forfeiture.
Court dates are also tricky to schedule. It is important to understand that the court will not lightly reschedule dates to accommodate defendants.
Can You Request A New Bond?
When a bond is forfeited, the judge can agree to request a new bond if the reinstatement request is successful. This can occur if the request is made 30 days or more after an FTA. The process will then exonerate the former bail bond.
If the reinstatement form is filled and delivered within 30 days of missing a court appearance, and if it is successful, the judge will not need to request a new bond.
How Mr Nice Guy Bail Bonds Can Help With Bail Forfeiture
We get it. Sometimes, life gets in the way, and you could miss a court appointment. However, when this happens, you want to act fast to prevent further issues.
The consequences of bail forfeiture can be heavy for the defendant as much as the bail bond company. At Mr Nice Guy Bail Bonds, we ensure you can still protect your freedom and prepare for a trial while remaining out of jail with our bail bond reinstatement services.
Get in touch with our team now if you are concerned about a bail bond that's been forfeited.
