Bail Forfeiture Before Hearing In Queens

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State:
Multi-State
County:
Queens
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.

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 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.

A bail is forfeited when a defendant fails to appear, without sufficient excuse, for arraignment, trial, judgment, or any occasion prior to the pronouncement of judgment if the defendant's presence in court is legally required, or if the defendant fails to surrender in execution of the judgment after appeal.

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.

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

Generally, a bail forfeiture is understood to be the payment of the fine. Not only is the judge is required to review relevant evidence, but your New York bail hearing lawyer can cross-examine the District Attorney's witnesses.To post bail, you must present personal identification and provide the New York State Identification (NYSID) or Book and Case number of the person to be bailed. In addition, failure to appear at the scheduled hearing will forfeit the bond. (B) For those reschedules that result in the suspension of your driving. The court usually issues a cash bail refund order 6 to 8 weeks after a case is closed or bail is exonerated. Throughout the boroughs of New York City and elsewhere in the state, a judge may decide to set bail or another securing order at your arraignment. If the bail was forfeited in Supreme Court (a felony case), the application must be made to the court that issued the forfeiture order. (a) If it is a city court, pay the forfeited bail to the treasurer or other financial officer of the city. Cash bail may be paid to the court clerk, at any correctional facility (jail) in the City, or online if the judge says this is allowed.

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Bail Forfeiture Before Hearing In Queens