Bail Forfeiture Before Hearing In Massachusetts

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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

If you are wondering if you post bail for someone can you revoke it, then you'll be relieved to find out the answer is yes. Indeed, if you have posted bail for someone else in California you can get it revoked by either contacting the court directly or the bail bond agency that you used.

This means that you will be held in jail for up to 90 days without the right to bail. The prosecutor must ask for a bail revocation at your first court hearing on the new case. The judge on the new case will then make a decision on whether to hold you without bail and set a bail on the new case.

Bail can be denied if there's a risk that the defendant might try to obstruct justice, for example, by destroying evidence or intimidating jurors. A judge may deny bail if there is a credible belief that the accused might attempt to influence, intimidate, or threaten witnesses to keep them from testifying.

This means that you will be held in jail for up to 90 days without the right to bail. The prosecutor must ask for a bail revocation at your first court hearing on the new case. The judge on the new case will then make a decision on whether to hold you without bail and set a bail on the new case.

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.

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.

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.

Bail after an Arrest After booking, a Bail Clerk will be contacted by the police and he or she will be told the circumstances of the arrest and the charges against the arrestee. The Bail Clerk will decide if a bail is necessary to guarantee your appearance at Court if you are released, and if so, how much.

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.

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.

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Bail Forfeiture Before Hearing In Massachusetts