Bail Versus Bond Forfeiture In Santa Clara
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FAQ
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.
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.
What is a Courtesy Notice? You will get a courtesy notice 45 - 60 days after you get your citation (ticket). This notice tells you about your options. If you do not get a courtesy notice by the date written at the bottom of your ticket, you must contact the court by phone, in person, or by mail.
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.
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.
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.
