Motion To Set Aside Forfeiture \u0026amp; Exonerate Bond
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FAQ
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.
A bond forfeiture occurs when a person is required to show up for court on either a personal bond or a surety bond, and they fail to show up for that court date. Some judges will give a bit of leeway, especially if that person has an attorney who can argue for them as to why they were not able to make it.
Bond forfeiture is the enforcement of a guarantee. This can apply to any bond but the best example is the bail bond. Most commonly, bail bonds are forfeited when a defendant misses a court date. The bail bondsman or bondswoman must then pay the outstanding bail.
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).
