Bail forfeiture occurs when a defendant misses their court date, leading to financial and legal consequences for both the individual and the bail bond agency.
Main Points:
- Bail amounts are often too high for individuals to pay without assistance.
- Bail bond agencies can help secure release for a fee.
- Missing a court date results in bail forfeiture.
- Defendants and agencies face serious consequences, including financial loss and additional charges.
- Bail bond agencies may use bounty hunters to locate and return missing defendants.
- It is crucial to attend all court dates or promptly notify the court and bail agency if unable to attend.
Getting arrested for just about any crime in California can be detrimental. The bail amounts set for many crimes are so high that most people can’t post them on their own, as Cornell Law School explains.
Luckily, there are bail bond agencies that can secure an individual’s release. State law sets a maximum fee of no greater than 10 percent of the face bail amount.
Unfortunately, some individuals either accidentally – or willfully – miss their mandatory court dates. This can lead to serious issues for both the suspect and the company that puts up the surety bond, such as bail forfeiture.
Let’s take a look at what bail forfeiture and bail bond forfeiture mean, as well as what happens when a bail bond is forfeited.
What is Bail Forfeiture?
Bail bond forfeiture can only occur after an individual has been released from jail on a bond to await their court date. This release is often a privilege since judges don’t always have to grant bail if they suspect a person poses a flight risk.
When an individual doesn’t appear for a pre-scheduled court date, this is when the bail bond forfeiture occurs. The court proceeds to forfeit the bail bond and a warrant is placed out for the suspect.
So, what does “bond forfeited” mean? In practical terms, bail forfeiture means that a person who was arrested and then released on bail does not show up for a required court hearing or appearance. In turn, the court keeps the money posted as bail. The money would have been returned to the person had they not failed to appear in court.
If that person posted bail themselves, they forfeit their own bail money. If the person worked with a bail bond agency to pay their bail, the agency will eventually lose the money if it can’t bring the defendant before the court.
There are a series of complex rules and consequences for all parties involved when a person fails to appear for a scheduled court date. Courts often understand that accidents and mistakes happen, and they won’t always be harsh if an individual has a valid excuse for their absence and notices the court promptly.
This doesn’t mean, however, that a person shouldn’t know all of the consequences involved with missing a court date. That includes the possibility of bail forfeiture and the involvement of a bounty hunter.
Consequences for the Bondsman
A bail bond company, unlike an individual who pays their own bail, does not have to provide the full amount of bail upfront. In fact, they usually just sign off on the fact that the suspect will appear for all of their court dates.
When the suspect misses even one appearance, however, the court will likely order forfeiture of the bail bond. In simple terms, this means that the bondsman will receive a letter demanding full payment of the bail amount due to the bond being forfeited.
Bail forfeiture can be a serious loss for a bail bond agency. These companies don’t specialize in paying full bail amounts. They provide a service that allows them to levy the courts’ trust in them to secure the release of an alleged offender.
In most cases, if the defendant isn’t in police custody or court within 180 days of the mailing of the aforementioned letter, the bail will be forfeited and the bail agency will have to pay the full bail amount to the courts. As you might already suspect, bail bond agencies do not want to forfeit the money related to the bail bond they have provided.
Consequences for the Defendant
A person who fails to show up for their court date may face “failure to appear” charges. This is much like a contempt of court charge, and the person will then have to answer for the consequences of their initial crime plus the failing to appear charge.
This often results in more severe penalties and a bail forfeiture. In addition, the court will be far less likely to grant this person bail in this case or for any in the future. Add this to the constant looking over of one’s shoulder for bounty hunters and detectives, and the seemingly easy act of skipping bail suddenly pales in comparison to the long-term consequences.
Failing to appear is a serious offense in California. The simple fact is that it will usually result in more serious charges for an alleged offender than they were initially facing in the first place. That’s in addition to forfeiting any bail that was paid for by the defendant, their family, or a friend.
Unfortunately, these negative consequences can also financially hurt a bail bond agency. The best thing that anyone out on bail can do is to show up for all of their court cases. If they have to miss an appearance, getting in touch with their bail bond agent quickly is imperative.
If not, the next few months of a person’s life will likely far surpass any initial consequences, and bail forfeiture will be the least of their concerns.
Part of the contract with a bail bond agency is the expectation that a defendant will appear in court when required. If the defendant fails to live up to their end of the agreement, the bail bond agency will take whatever legal and authorized steps it can to avoid the bail bond forfeiture of its own funds.
These steps can include working with recovery specialists and similar professionals, sometimes called bounty hunters, to locate and return the person who skipped their required appearances. This means that, for someone who skips bail after receiving a bond, both law enforcement and the private agents of their bail bond agency will be looking for them.
If you are having doubts, make sure to speak to a bail bond agency like us as soon as possible to receive expert advice on legally reducing bond installments through a payment plan.
Bail Bond Solutions Across California
As one of the largest bail bond companies in the state of California, Bail Hotline has been helping people get out of jail for more than a decade. When you sign up with us, you can count on professional service delivered by experienced staff. Serving varied in the state, we aim to make bail affordable for all.
