Essay On Bail Bond Forfeiture

When a defendant released on cash bail fails to appear in court, or otherwise violates a condition of their bail, the court can declare the bail bond forfeited. State laws often require that notice of the forfeiture be sent to the defendant and to their surety. Once the surety is notified, they can produce the defendant, provide the court with an excuse deemed acceptable for the defendant’s non-appearance, pay the forfeited bond, or face the consequences of not paying it
In some countries, a criminal defendant is permitted to post a bail bond in exchange for being released while his or her court case is pending. A bail bond company or an individual generally posts the bond and thereby agrees to pay a certain amount of money if the defendant fails to appear at a scheduled court date. A bond forfeiture occurs when the defendant doesn’t show up in court, and the company or person who put up the bond must pay the defendant’s outstanding bail amount. A forfeited bond …show more content…
During the hearing, the judge will decide whether or not the defendant had a good reason for failing to appear in court. If the judge determines the defendant did not have cause, he or she will ordinarily issue a warrant for the defendant’s arrest. Typically, the judge also specifies that the defendant must be found by a certain date. If the defendant cannot be located by that date, the court will move forward with bond forfeiture proceedings.
If a defendant has put up collateral in order to secure a bond, a bail bond company may sell the collateral in order to obtain cash to pay the bond once a bond forfeiture has been ordered. If the defendant’s family or friends have given collateral, such as a mortgage or car, they will also likely lose those items. Additionally, the bail bond company may attempt to recover any costs associated with locating the