Bail Versus Bond Forfeited In Santa Clara
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FAQ
You can use a form to make your request Fill out Form TR-320, Can't Afford to Pay Fine: Traffic and Other Infractions. Mail or take the form to the court. In some courts, you may be able to file this online, called e-filing. A judge will review your request and make a decision.
You do not need to appear in court unless you want to contest your citation or your appearance is required. However, you must resolve your case ON OR BEFORE the court date / due date listed at the bottom of your citation.
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.
If a person can't make bail in Sacramento, they must remain in jail until their case eventually goes to trial. The so-called “pretrial detention” period — the time between when a person is arrested and their case reaches a courtroom for a trial — can take anywhere from several weeks to several years.
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.
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.
