Bail Forfeiture Before Hearing In Oakland

Category:
State:
Multi-State
County:
Oakland
Control #:
US-00006DR
Format:
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

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.

In cases where a citation has been issued, the person cited (the defendant) may, with permission of the court, voluntarily agree to waive any court appearances and instead simply agree to voluntarily forfeit the recommended bail amount.

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.

In California, a bail bondsman typically has six months to find and return the defendant. If the defendant is not found in the timeframe, you will be responsible for paying not only the full amount of the bond, but also any additional expenses and any unpaid premiums.

More info

What does bail forfeiture before hearing mean for a traffic ticket. Bail forfeiture is when a defendant loses their bail bonds money.Bail forfeiture is a fancy way of saying you paid the fine. Check with the clerk of the court to make sure the case is closed. When you sent in the money you were posting bail, it was forfeited when you did not report for the next scheduled hearing. Our guide explains the basics of bail forfeiture and what happens when you forfeit bail. If you choose to pay the bail on the citation without going to your arraignment or trial, it is a bail forfeiture. Bail forfeiture means that money that was paid for a person's release from jail pending trial is relinquished to the court. A bail hearing is a court proceeding where a judge decides whether to allow a defendant to post bail and be released from custody while awaiting trial. How can I pay my fine?

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Bail Forfeiture Before Hearing In Oakland