Bail Versus Bond Forfeiture In San Diego

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State:
Multi-State
County:
San Diego
Control #:
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

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.

If Your Bond is Revoked, Can You Get Another One? In some cases, it is possible to secure a new bond after revocation, but it is not guaranteed and often comes with additional challenges: Appealing the Revocation – Defendants can appeal the bond revocation in court.

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.

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 Forfeitures / Bail Forfeitures Leave a Criminal Record Even though not it is not a criminal conviction, the original record of your arrest or charges filed against you will stay on the public record for anyone to see, which is easy to find these days on the internet with a couple of clicks of the mouse.

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.

More info

Our guide explains the basics of bail forfeiture and what happens when you forfeit bail. Bail forfeiture means that money that was paid for a person's release from jail pending trial is relinquished to the court.What is the difference between bail and bond in California? 'Bail' and 'bond' are often used interchangeably. Balboa Bail Bonds can assist you if you or a loved one has missed a court date. If you posted cash bail, the court holds on to all the money you presented when the bail is forfeited. Penalty, fine or forfeiture is imposed, An additional penalty of two dollars and fifty cents. The court will accept the property bond, and you will be released from custody, if it is satisfied there is enough equity in the property. If you posted cash bail, the court holds on to all the money you presented when the bail is forfeited. The court will keep the money.

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Bail Versus Bond Forfeiture In San Diego