Bail Forfeiture Before Hearing In Philadelphia

Category:
State:
Multi-State
County:
Philadelphia
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

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.

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.

Forfeited undertaking. (a) General rule. --If a defendant in a criminal prosecution fails to appear for any scheduled court proceeding, the defendant's bail may be revoked and notice of revocation shall serve as notice of intent to forfeit the bail of the defendant.

(a) A person who violates a condition of the bail bond is subject to a revocation of release and/or a change in the conditions of the bail bond by the bail authority. (b) When a violation of a condition occurs, the bail authority may issue a bench warrant for the defendant's arrest.

Under Pennsylvania's civil asset forfeiture laws, the government can legally take property it claims is connected to illegal activity but without actually charging, much less convicting, the property owner of a crime.

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.

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Bail Forfeiture Before Hearing In Philadelphia