Bail Forfeiture Before Hearing In Maricopa
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FAQ
At this hearing, a bond company, through their attorney, or individual bond poster can present evidence and arguments to the Court as to why the bond should be exonerated and not forfeited to the State.
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.
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.
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.
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 ...
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.
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.
