When an individual is arrested, the court will set a bail amount. This is an amount of money that must be paid for the person to be released. Once paid, the individual is free to go home while they await trial, giving them a chance to be with their families and prepare for any upcoming court dates.
In most cases, it’s recommended that the individual gets a bail bond. This is a financial agreement that allows them to be released from custody without paying the full bail amount themselves. A bail bond company - like Mr. Nice Guy Bail Bonds - will offer a bail bond that effectively binds the defendant and the court together. It is used as an assurance that the defendant will attend all upcoming court dates. Bail bond agencies cover the bail amount as well, normally taking a 10% fee that’s paid for by the defendant.
In an ideal world, the defendant will adhere to the terms of the bail bond agreement and attend all court dates. When this happens, the bail bond agent receives the full payment of bail back. Unfortunately, many instances occur when this doesn’t happen. As a result, we end up with something called bail forfeiture.
This is a very serious situation as forfeited bail affects both the bail bond agency and the defendant. In this guide, we’ll explain the basics of bail forfeiture, as well as the consequences that happen when bail is forfeited.
Bail Forfeiture Explained
Bail forfeiture is when the terms of the bail agreement have been violated by the arrested individual.
The most common violation is when they do not appear at any given court date, but numerous other violations can also happen. Simply put, if the defendant doesn’t follow the rules outlined by the court when released on bail, they may end up forfeiting it.
Is Bail Forfeiture Common?
In truth, it is not that common to witness bail forfeiture, largely because courts tend to see it as a last-resort option. Missing court dates or violating the bail terms won’t automatically mean that bail forfeiture is enacted. Sometimes, people have valid reasons for not showing up to court - perhaps they were involved in an accident, maybe they fell ill, or possibly they were caught up in a serious personal situation.
At the end of the day, people can make honest mistakes or be unable to attend court hearings at the last minute. As a result, courts will often allow bail bond reinstatements before a bail bond is forfeited. You can read our full guide on bail bond reinstatements here, but the brief explanation is that you can apply to have a new bail bond put in place. Legal forms have to be filled out and the court will ultimately decide whether or not they want to reinstate your bond. In many cases, they’ll pass the motion to reinstate, meaning your bond is back in place.
However, if they don’t wish to do this - maybe because the violations are severe or the defendant has gone missing - then bail forfeiture will be declared by the judge.
What Are The Consequences of Bail Forfeiture?
It’s important to note that bail bonds involve three parties:
- You (the defendant)
- The bail bond company
- The court
As mentioned, a bail bond exists as an assurance - or promise - from the bail bond company to the court that the defendant will abide by all bail terms and conditions. This can be declared null and void if the defendant doesn’t abide by these terms and the motion to reinstate bail is not passed.
Bail forfeiture will lead to the following consequences:
- The full bail amount is required to be paid in full by the bail bond agency
- The court can issue an arrest warrant for the defendant
- No further bonds may be issued to the defendant in the future
- The defendant will likely face additional charges
It must be noted that forfeiting bail is a serious offense that affects bail bond companies as well as defendants. Not only will you make life harder for yourself, but you also cost bail bond companies a lot of money. Because they signed an agreement and provided assurances on your behalf, the court holds them responsible for paying the bail on your behalf.
What Can Be Done Following Bail Forfeiture?
When the bail has been forfeited, the court will typically allow a period whereby the bail bond company can locate the defendant and present them in court. This period varies from state to state, but in California it is currently 180 days.
During this time, the bail bond company can do whatever it takes to find the defendant and bring them to court. If this happens, there will typically be a forfeiture hearing. Here, the court will question the defendant and ask why they violating the bail terms. If no valid reason is given, future bail won’t be granted and the individual will be placed under arrest awaiting further trial.
If the person can provide a genuine answer that the court deems acceptable, there is the possibility of bail bond reinstatement again. Regardless of the hearing outcome, the bail bond company will not need to pay the full bail amount if the suspect is located within the given time period.
As a result, the bail is technically not forfeited, so the bail bond company doesn’t have to pay any money.
Prevent Bail Forfeiture With Mr Nice Guy Bail Bonds
Bail forfeiture is a serious criminal offense that will add charges to your record and increase the severity of your crimes. It is not advised that you skip bail or fail to appear for any court appearances. You make life much harder for yourself while costing a bail bond company lots of money - despite the fact that they took a chance and tried to help you out.
At Mr. Nice Guy Bail Bonds, we want to help you avoid bail forfeiture at all costs. If you ever miss a court appearance, make sure you contact us right away. We’ll work with you to get your bond reinstated with the court, so you’ll have a second chance.
Contact us today if you’re dealing with bail forfeiture and would like helping dealing with this tricky situation.
