A bond forfeiture case is filed when a misdemeanor defendant failed to appear for a hearing or trial. If an answer is not filed in a timely fashion, the plaintiff may take a default judgment.
The failure to perform any of the conditions on the bond causes the court to declare forfeiture of the bond. The judge enters a "NISI judgment." NISI is a civil judgment that will be made final unless good cause is shown as to why the defendant did not appear in court.
Bail bonds and personal bonds are forfeited in the following manner: The name of the defendant shall be called distinctly at the courthouse door, and if the defendant does not appear within a reasonable time after such call is made, judgment shall be entered that the State of Texas recover of the defendant the amount ...
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.
Legal Consequences of Bail Bond Forfeiture This financial penalty is intended to reinforce the importance of court appearances. Additionally, the court may issue a bench warrant for the defendant's arrest, leading to further legal trouble and potential jail time.
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 were arrested in California, this state allows the reinstatement of bail bonds. There are many reasons you may violate the terms of your initial agreement – some of which can be out of your control, like a sudden sickness.
Forfeiture is when refuse or try to refuse to appear in court by becoming a fugitive while out on bail. You don't get that back. Cancellation: Confronted someone you had a restraining order against while out on bail.