Bail Forfeiture Before Hearing In Illinois
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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.
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. This process is called remission.
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.
(g) If the accused does not comply with the conditions of the bail bond the court having jurisdiction shall enter an order declaring the bail to be forfeited. Notice of such order of forfeiture shall be mailed forthwith to the accused at his last known address.
Generally, a bond forfeiture would just revoke liberty and have the defendant return to jail pending trial. So no, a bond forfeiture is not analogous to "guilt" or conviction. in lieu of conviction is "in place of" or "instead of," so alone, that is not a conviction either.
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.
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.
