Usually, when you fail to attend court, you forfeit your bail. However, you may be able to reinstate your bond, even if you miss your court date via resumption of liability.
What Is A Resumption Of Liability?
Resumption of liability is a legal process that lets you reinstate your bond if you failed to appear in court while released on bail. To have your bond reinstated, you must contact the bail bond company that originally posted your bail and request a resumption of liability form to sign and notarize. You must then present the resumption of liability form to the judge.
Judges are usually quick in reviewing the resumption of liability requests. If their findings are favorable, they will grant it. Law enforcement will then release you from jail or recall the warrant if you are not in custody, and reinstate the bail amount, setting a new court date. If they reject the request, you post a new bond or be remanded back into custody.
What You Need To Know About Resumption Of Liability Requests In California
Here are some things you need to know about the resumption of liability in California:
You Must File The Resumption Of Liability Form With The Court Within 30 Days
You must file the resumption of liability form with the court within 30 days of failing to attend your court date. If you don’t file in this time period, the court won’t grant your request to reinstate your bail.
The Bail Bond Company May Refuse Your Request
California law does not obligate bail bond companies to issue resumption of liability forms if you fail to attend court. Instead, it is at their discretion.
If the bail bond company denies issuing you a resumption of liability form, you must post a new bail.
The Bail Agent May Request A Fee
Lastly, the bail agent may request a fee for issuing a resumption of liability form. It covers the cost of administering additional paperwork.
How much you pay depends on the bail bond company and the specific service you require. If the judge requests the bail bond rewritten, then you will pay for new paperwork and bond numbers. This service carries an additional bail bond company fee (since they must pay a percentage of each bail bond to their insurers, also called a surety company).
How To Reinstate A Bail Bond In California
If you failed to appear in court while released on bail and want a bail rewrite or resumption of liability, you need to do the following:
- Contact the bail bond company that originally posted your bail. They will be able to provide you with a resumption of liability form. You can find their contact information on the bail bond agreement you signed with them when they released you from jail the first time.
- Request a resumption of liability. The next step is to request a resumption of liability form. At this stage, bail agents will ask you for your name, case number, court date, and bail amount. Providing this information can help you process the bail rewrite faster.
- Sign the resumption of liability form and get it notarized. A public official, called a notary, does the notarization. These professionals verify your identity and ensure you provide a genuine signature.
- File the resumption of liability in court. You must submit documentation to the court in the county hearing your case. Filing can occur in person, by fax, or by mail, depending on your location.
- Pay fees to the bail bond company. This last step involves paying a service charge to the bail agent. How much you pay will depend on the bail bond company.
What Happens If You Fail To Reinstate Your Bail Bond In California?
If you fail to reinstate your bail bond in California, law enforcement may re-arrest you and take you to jail. Judges may also issue warrants for your arrest. Then, you remain in detention until you obtain new bail or resolve your case.
Judges will determine the amount of new bail you need to post. If you skipped court, they could insist on higher bail amounts, reflecting the higher perceived flight risk. Moreover, they may refuse bail entirely if they believe you will not attend court in the future.
Courts may also charge you with a new crime of failing to appear at trial. Being convicted of bail jumping could mean additional jail time, fines, and financial penalties.
Lastly, bail bond companies may sue you for the bail amount if you fail to reinstate your bail bond. They may also report you to credit bureaus, lowering your credit score and making it harder to borrow in the future.
What Factors Do Courts Consider When Deciding To Reinstate A Bail Bond?
Courts consider various factors when deciding to reinstate a bail bond.
Your Reason For Failing To Appear In Court
Courts will begin by considering your reason for failing to appear in court. Legitimate excuses for skipping your trial include:
- Medical emergencies, such as being rushed to hospital in an ambulance for surgery, life support, or injury
- Not being notified of your hearing at all or failing to receive notification in a reasonable time
- Withdrawal of legal counsel, such as the attorney representing your case refusing to work with you at the last minute
Unacceptable reasons for late attendance include:
- Anxiety, mental illness, or psychological issues
- Pre-booked visits to the doctor’s office
- Failing to receive your court date notification because of a change of address
- Working or going to college
- Forgetting your court date
- Running late because of bad traffic
Your Criminal History
Next, courts will consider your criminal history. Defendants who failed to appear in court in the past are less likely to qualify for a bail rewrite. Judges may believe they deliberately skipped court, even if they had a valid reason.
Your Ties To The Community
Third, judges will consider your ties to the community, such as a job, home, or family. The more links and local connections you have, the more likely they will reinstate your bail.
Your Willingness To Comply With Bail Bond Terms
Lastly, courts will consider your willingness to comply with bail bond terms, such as attending previous court appearances and avoiding new charges. Defendants with the cleanest records are most likely to receive a favorable outcome.
Unfortunately, the court’s decision to reinstate a bail bond is discretionary. The law does not require judges or officials to rewrite bail, even if you satisfy all the criteria described here. As such, it helps to have a persuasive and respected attorney fighting for fairness on your behalf.
How Bail Bond Companies Can Help You Reinstate Bail
Bail bond companies can help you in various ways when you require bond reinstatement in California. These include:
- Providing you with a resumption of liability form to request the court reinstate the forfeited bail.
- Helping you gather the necessary documentation to support your request for resumption of liability, including proof of address, residence, employment, and character references.
- Assisting you in court hearings on the resumption of liability. They may arrange for an attorney to represent your case.
Resumption of liability can be a time-consuming and complex process. Fortunately, bail bond companies are a partner who can guide you through everything you need to do, maximizing the likelihood of a favorable outcome.
How much you pay for these services can vary considerably between bail agents. Some charge a flat fee, while others ask for a percentage of the bail amount. For peace of mind, contact your bail bond company first to learn more about their pricing.
Do You Still Have Rights If You Fail To Acquire A Resumption Of Liability?
You retain all your legal rights if you fail to acquire a resumption or liability of bond reinstatement.
For instance, you still have a right to a fair trial. You will still confront witnesses and have your case heard in front of a jury of peers.
You also retain your right to attorney representation. These professionals can help you prepare for your appearance and ensure you put forward the best possible case.
Furthermore, you remain eligible for bail, as discussed above. However, you may need to pay more if your bail reinstatement case failed.
Lastly, you retain the right to release on your “own recognizance.” Judges may act with clemency, depending on the circumstances of your case. This route lets you secure freedom until your new trial date without having to pay bail.
The consequences of failing to appear in court can be serious. Therefore, always discuss your options with an attorney immediately. They can assist in your defense and ensure other parties abide by the law when interacting with you.
Get A Resumption Of Liability, Bail Rewrite, Or Bond Reinstatement With Mr. Nice Guy Bail Bonds
Resumption of liability can be a complex process and challenging to navigate without legal representation. Therefore, if you failed to show up in court, you should contact our team as soon as possible to discuss your situation and options.
Contact Mr. Nice Guy Bail Bond today at 844-400-2245 toll-free!
