BY | October 27, 2023

Bail is set as a way to ensure someone will appear in court when they are instructed to. A bail bond can then help someone to pay their bail amount, usually with the person putting down up to 10% while the bail bond agency covers the rest. Once the defendant appears in court, the bail money should be returned. However, there are circumstances when the bail might be forfeited. But when and why does a bail forfeiture happen and what does it really mean?

1. What is Bail Forfeiture?

Bail forfeiture is when the bail that has been paid is released to the court, with no possibility of it being repaid. This can happen on an involuntary basis (by court order) or could sometimes be voluntary if the defendant asks for it to happen. The defendant might choose bail forfeiture to cover the costs of fines, fees, court costs, or other expenses. The bail forfeiture can also be used for court-related fines and fees, not those relating to a crime or owed to the victim.

2. Understanding Bond Forfeiture

Many people use a surety bond to help them pay for bail. If bail is set at a high amount, paying for the whole sum in cash can be impossible for a lot of people. Fortunately, using a bail bond agency can help, with the bail bondsman making a promise that the defendant will make their court appearances. However, in the case of an involuntary bail forfeiture, the promise made between the bail bond agency and the court has been broken. This means that the bail bond company can become responsible for paying the entire bail bond amount, or the court may be allowed to keep the bail.

Bail can be declared forfeited if the defendant fails to appear for either an arraignment, trial, judgment, or any occasion before judgment when they are required to appear, or if they fail to surrender themselves in execution of the judgment after appeal.

If the defendant fails to show up when required to, the bail bondsman can be given 180 days to present the defendant to court. If the bail agent locates the defendant and is in police custody or appears in court within this period, the bail won't be forfeited. However, if this doesn't occur, the bail bond company will be responsible for paying the whole bail.

3. Consequences of Forfeiting Bail

The consequences of bail bond forfeiture can be serious for both the defendant and the bail bond company. The defendant will still be required to appear in court and might face extra charges for failure to appear. The court is less likely to grant bail in the future. There could also be a warrant issued for the immediate arrest of the defendant.

The bail bond company can also be left having to pay for the bail. Of course, this means that it's in their best interests to try and get the defendant to correct the situation.

4. The Meaning of Forfeited Bonds

What happens when a bail bond is forfeited? The main thing to keep in mind is that forfeited bonds are a consequence of someone not appearing in court when they are supposed to. There are various legitimate reasons this could happen. Sometimes life gets in the way and the defendant might struggle to turn up or even forget. But it's also important to keep in mind that a forfeited bond means that both the bail bond company and the defendant have to deal with the consequences. If property is being used as collateral, this can even mean that the defendant or a loved one can lose it.

5. Bail Forfeiture: Before the Hearing

In cases of voluntary bail forfeiture, bail can be used to pay fines or court costs that the defendant might owe. This can sometimes be expressed as "bail forfeiture before hearing" in cases such as traffic offenses. After you have paid the fine, essentially admitting your guilt, you may see that there is a record that contains this phrase. Instead of having a hearing or taking the case to court, you have essentially forfeited a bail payment to pay for your fine.

6. Explaining Cash Bond Forfeiture

When a cash bond is used to pay for a defendant's bail, forfeiture of the bond means that they will not get back any of the money they have paid. Normally, the money paid would be returned after the defendant makes all of their court appearances if they paid in cash. However, with bail forfeiture, the defendant won't receive any money back.

7. The Process of Bond Forfeiture

If a defendant fails to appear in court, the next step is usually that the bail bond company has 180 days to find them and bring them to court before the full bail amount is forfeited. During this time, it's in the best interest of the defendant to show up so that they can present an explanation. You can consider a bond reinstatement and request a new bond if you have a good excuse for missing your court day. There will be a hearing to determine what will happen next.

If the defendant doesn't have an excuse that the judge accepts, bail will be revoked and the person must remain in jail until their court date.

8. What Happens at a Forfeiture Hearing?

After the defendant has been re-arrested and returned to jail, a bail forfeiture hearing will be held. This gives the defendant an opportunity to explain why they missed their original court date. There are certain reasons that the judge might accept as valid, whereas others may not be acceptable. The defendant can also request a new bail bond if their reinstatement request is successful.

Because not all reasons for missing court will be accepted, it's important to work with experts such as your bail bond company and legal experts to ensure the best result.

To find out more about bail forfeiture, what the consequences could be, and how to avoid them, contact Future Bail Bonds.