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.
The defendant can post their own bail or ask a family member or friend to post it. If the defendant uses a bond company, the company may require the defendant to have a co-signer (someone who will help the company find the defendant should they fail to appear).
If Your Bond is Revoked, Can You Get Another One? In some cases, it is possible to secure a new bond after revocation, but it is not guaranteed and often comes with additional challenges: Appealing the Revocation – Defendants can appeal the bond revocation in court.
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.
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.
Massachusetts does not have bail bondsmen, so whoever is going to post the bail will have to come up with the entire amount. Sometimes this takes a matter of days, or longer, during which the defendant will be held at the county jail.