Bail Versus Bond Forfeited In Palm Beach

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Multi-State
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Palm Beach
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US-00006DR
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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

You need to file a motion to amend bond conditions with the court. You should at least consult with a local criminal defense attorney (if you are not already represented by someone) to discuss the issues the court will consider, and the best way to address those issues.

In some states and certain counties in California, bail forfeiture can be used as both a means to be released from jail and to close a case. Bail forfeitable offenses are typically misdemeanors such as traffic violations.

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.

Understanding Bail and Bond in Florida: Key Takeaways While the terms “bail” and “bond” are often used interchangeably, understanding the distinction is important. Bail refers to the full amount set by the court, while a bond is a financial arrangement, typically with a bail bondsman, to meet that bail requirement.

In California, if you are a co-signer and you wish to revoke a bail bond, you will need to contact the bail bond agency and explain the situation. You will need to liaise with the bail bond company and ensure that the relevant courts are aware of the changes to make the decision official.

(4)(a) When a bond is forfeited, the clerk shall transmit the bond and any affidavits to the clerk of the circuit court in which the bond and affidavits are filed. The clerk of the circuit court shall record the forfeiture in the deed or official records book.

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.

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So, while bail and bond are related, they serve different purposes. If bail is set too high, a West Palm Beach bail hearing attorney can ask the court to either reduce it, or release you on your own recognizance.If you fail to appear in court, the judge can deem your bond forfeited, whether you paid the court in full, or paid a bail bondsman. This process can sometimes take months or even years. However, if the accused misses a required court date, the bail is forfeited and the court keeps it. When someone has forfeited bail, any money paid in order to be released from jail after his or her arrest will be given to the court. When a bail bond is forfeited, the accused person must return to jail to await trial. Any monies paid for their bail are forfeit, or relinquished to the court. Refund checks will be mailed to the depositor or assignee within 10 days after the bond has been discharged, all applicable fees have been deducted. If the defendant skips bail, gets arrested again while out on bail, or violates release conditions, their bail money may be forfeited.

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Bail Versus Bond Forfeited In Palm Beach