Bail Versus Bond Forfeiture In Phoenix
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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.
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 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.
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.
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.
