Bond forfeiture means that the person loses the guarantee made by the bail bond company on their behalf. There are some circumstances in which the judge might excuse the accused for missing court and bail or bond can be reinstated.
Forfeited undertaking. (a) General rule. --If a defendant in a criminal prosecution fails to appear for any scheduled court proceeding, the defendant's bail may be revoked and notice of revocation shall serve as notice of intent to forfeit the bail of the defendant.
The legal implications of bail bond forfeiture can be severe. Beyond the financial loss, the defendant may face additional charges for failing to appear in court, complicating their legal situation.
Judges determine bail and exercise discretion in determining the appropriate bail. They consider the accused's rights and the community's safety. This decision directly impacts the accused's ability to prepare for his/her defense and navigate the legal system from a position of freedom.
In a civil forfeiture hearing, the government must prove by a “preponderance of the evidence” the property is legally subjected to be forfeited, which means it was gained from criminal activity, or that the property was involved in an illegal transaction.
In some states and certain counties in California, bail forfeiture can be used as both a means to be released from jail and to close a case. Bail forfeitable offenses are typically misdemeanors such as traffic violations.
In California, if you are a co-signer and you wish to revoke a bail bond, you will need to contact the bail bond agency and explain the situation. You will need to liaise with the bail bond company and ensure that the relevant courts are aware of the changes to make the decision official.