Bail Versus Bond Forfeited In Bronx

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State:
Multi-State
County:
Bronx
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US-00006DR
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Description

A bail bond is a bond provided by an insurance company through a bail bondsman acting as agent for the company, to allow an accused defendant to be released before trial. A bail bond is designed to ensure the appearance of the defendant in court at the scheduled time. Prior to the posting of a bail bond, the defendant or a co-signer must guarantee that they will pay the full amount of bail if the defendant does not appear in court. The bail bond company usually charges 10 percent of the amount of the bond and often requires the defendant to put up some collateral like a seconded of trust or mortgage on one's house.


When the case is concluded, the bail bond is "exonerated" and returned to the insurance company. If the defendant disappears and fails to appearing court (skips bail), the bond money will be forfeited unless the defendants found and returned. The bond may be forfeited, by order of the court, upon the partys failure to appear or to comply with the conditions of the bond. If the defendant is located and arrested by the bail agent the cosigner is responsible for all expenses the bail agent incurs while looking for the defendant.

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FAQ

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.

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.

If you were arrested in California, this state allows the reinstatement of bail bonds. There are many reasons you may violate the terms of your initial agreement – some of which can be out of your control, like a sudden sickness.

In certain circumstances, a bond forfeiture can be reversed. However, this is typically only possible if the defendant can provide a valid reason for their failure to comply with the conditions of their release, such as a medical emergency or other extenuating circumstances.

If you start communication with both your bondsman and the court as soon as possible, your court date will, in most cases, be reset, and the forfeiture of your bond will be recalled. However, if you do not get back in touch with your bondsman or the courts, the warrant for your arrest will remain active.

You need to file a motion to amend bond conditions with the court. You should at least consult with a local criminal defense attorney (if you are not already represented by someone) to discuss the issues the court will consider, and the best way to address those issues.

More info

If the bail was forfeited in Supreme Court (a felony case), the application must be made to the court that issued the forfeiture order. When a bail bond is forfeited, the accused person must return to jail to await trial.Any monies paid for their bail are forfeit, or relinquished to the court. Forfeiture. Forfeiture is when the defendant misses a court date or violates a court order and the court orders that the bail bond must be paid. If not, the court may revoke bail, which means the bond is forfeited and you lose your collateral. In the vast majority of cases, bail is set as cash bail or insurance company bail bond. A bond is a financial pledge or promise. Article 520 of the State of New York Criminal Procedure Law Bail and Bail Bonds. Bond posting of cash bail. If the defendant posted a bond, the bail bond company forfeits the money, as discussed below.

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Bail Versus Bond Forfeited In Bronx