Bail Forfeiture Before Hearing In Phoenix

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State:
Multi-State
City:
Phoenix
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

At this hearing, a bond company, through their attorney, or individual bond poster can present evidence and arguments to the Court as to why the bond should be exonerated and not forfeited to the State.

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.

It means that a bond decision is pending. It may not happen until he actually appears in court. He needs an attorney.

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.

Bond forfeiture means that the person loses the guarantee made by the bail bond company on their behalf. There are some circumstances in which the judge might excuse the accused for missing court and bail or bond can be reinstated.

Bond forfeiture means that the person loses the guarantee made by the bail bond company on their behalf. There are some circumstances in which the judge might excuse the accused for missing court and bail or bond can be reinstated.

In a civil forfeiture hearing, the government must prove by a “preponderance of the evidence” the property is legally subjected to be forfeited, which means it was gained from criminal activity, or that the property was involved in an illegal transaction.

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.

More info

Failing to attend can trigger a "Bond Forfeiture Hearing," where the state can seize the posted amount. If you fail to make the court date, the judge will issue a "Bond Forfeiture Hearing" where they can decide to keep the money.After you obtain a Bail Bond, immediately hire a Phoenix Criminal Defense Attorney. Bail forfeiture on a traffic ticket is synonymous with a guilty plea and a fine paid. It usually occurs when someone sets a case for trial and doesn't show up. To summarize, a judge uses a matrix form to determine how to best proceed in the matter of bail for an individual alleged offender. If the defendant fails to appear in court, such action results in the forfeiture of the bail bond. Hiring an experienced Phoenix criminal defense lawyer is extremely helpful for navigating the bond and release hearing. Our Phoenix criminal defense attorneys take pride in the fact that so few of our clients are behind bars. Bail bonds take on a different tone, however, when a family member calls you from the county jail in the middle of the night with a request to bail them out.

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Bail Forfeiture Before Hearing In Phoenix