Bail Versus Bond Forfeited In Clark

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State:
Multi-State
County:
Clark
Control #:
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

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.

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.

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.

969.13 Forfeiture. (1) If the conditions of the bond are not complied with, the court having jurisdiction over the defendant in the criminal action shall enter an order declaring the bail to be forfeited.

Legal Consequences of Bail Bond Forfeiture This financial penalty is intended to reinforce the importance of court appearances. Additionally, the court may issue a bench warrant for the defendant's arrest, leading to further legal trouble and potential jail time.

If the prisoner is admitted to bail and fails to appear and surrender ing to the conditions of the prisoner's bond, the judge or magistrate by proper order shall declare the bond forfeited and order the prisoner's immediate arrest without warrant if the prisoner is within this state.

Bail bonds and personal bonds are forfeited in the following manner: The name of the defendant shall be called distinctly at the courthouse door, and if the defendant does not appear within a reasonable time after such call is made, judgment shall be entered that the State of Texas recover of the defendant the amount ...

Forfeiture is when refuse or try to refuse to appear in court by becoming a fugitive while out on bail. You don't get that back. Cancellation: Confronted someone you had a restraining order against while out on bail.

More info

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. What if my bail money was forfeited?If the defendant makes all court appearances, the cash is returned. If the defendant fails to appear in court, the bond is forfeited. 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. Bail is a sum of money a defendant pays to be released from custody to remain in the community while their criminal matter is finalized. The instructions for completing the recognizance form were also revised accordingly. (2). If the defendant fails to appear in court, the bail money is forfeited, and an arrest warrant is issued. If the defendant does not return to court or follow court orders and the bail bond is forfeited, the bail agent may keep the collateral.

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Bail Versus Bond Forfeited In Clark