Motion To Set Aside Bond Forfeiture
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FAQ
Provided that where such penalty is not paid and cannot be recovered in the manner aforesaid, the person so bound as surety shall be liable, by order of the Court ordering the recovery of the penalty, to imprisonment in civil jail for a term which may extend to six months.
If there is a breach of a condition of a bond; e.g., when a defendant fails to appear for a scheduled court appearance, the court may declare a Bond Forfeiture. Upon filing of a motion by the prosecuting attorney, the court may enter a judgment awarding the bond money to the municipality.
Because defendants' bond forfeiture judgments are civil, such judgments do not constitute criminal convictions under the second principle of double jeopardy (a second prosecution for the same offense after conviction).
Bond forfeiture means that the court can collect the bond money because the surety failed to produce the accused in court, as required. A forfeiture hearing will be set, during which the surety or accused can attempt to offer reasons why the court should reinstate the bond.
If you pay the bond and you meet all the judge's requirements, then the judge will order your bail as refundable. You then receive the money back ? minus any fees set by the court. If you don't meet the judge's requirements, the court can keep your bail.
