Bail Versus Bond Forfeiture Hearing Wisconsin In Middlesex

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State:
Multi-State
County:
Middlesex
Control #:
US-00006DR
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Word; 
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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

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 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.

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.

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.

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.

The arrestee's attorney will schedule the hearing and argue their case. Alternatively, a bail bond hearing in California may refer to when a bail bond company contacts the court and requests changes to the bail amount. This is extremely common as it helps defendants get the fairest bail possible.

After an arrest in Wisconsin, you will appear in front of a judge. This initial court appearance is known as an arraignment or bail hearing. It's at this hearing that a judge will determine if you are eligible for bail.

A bail hearing is a formal court proceeding, usually requested by the defense attorney, in which the defense attorney will attempt to convince the judge to either release the defendant on his or her Own Recognizance or reduce bail.

And set the amount. This usually happens in a magistrate court or a similar lower court level threeMoreAnd set the amount. This usually happens in a magistrate court or a similar lower court level three in many states. You are entitled to a bond hearing at each level of court.

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Bail Versus Bond Forfeiture Hearing Wisconsin In Middlesex