Bail Forfeiture Before Hearing In Clark

Category:
State:
Multi-State
County:
Clark
Control #:
US-00006DR
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Word; 
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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

A bail is forfeited when a defendant fails to appear, without sufficient excuse, for arraignment, trial, judgment, or any occasion prior to the pronouncement of judgment if the defendant's presence in court is legally required, or if the defendant fails to surrender in execution of the judgment after appeal.

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 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.

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.

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.

More info

Bail is a guarantee that the defendant will appear at each court session as scheduled. If the defendant misses any session, the bail money may be forfeited.S 540.10 Forfeiture of bail; generally. 1. In a traffic case, bail forfeiture is a fancy way of saying you paid the fine. It occurs when a defendant fails to appear for a court date, resulting in the loss of the bail amount posted. The court holds this money until the court hearing. If the defendant fails to attend a court date, they forfeit the money and may be sent back to jail. If the defendant fails to appear in court, the bail money is forfeited, and an arrest warrant is issued. Plus, the court keeps your bond money forever. This is called "bail forfeiture.

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Bail Forfeiture Before Hearing In Clark