Bail Forfeiture Before Hearing In Texas

Category:
State:
Multi-State
Control #:
US-00006DR
Format:
Word; 
Rich Text
Instant download

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.

Free preview
  • Preview Bail Bond Agreement
  • Preview Bail Bond Agreement
  • Preview Bail Bond Agreement

Form popularity

FAQ

What is Civil Asset Forfeiture? ing to Chapter 59 of the Texas Code of Criminal Procedure, law enforcement can confiscate property suspected of being involved in criminal activity without charging the owner with a crime.

Bond forfeiture means that the person loses the guarantee made by the bail bond company on their behalf. There are some circumstances in which the judge might excuse the accused for missing court and bail or bond can be reinstated.

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.

In a civil forfeiture hearing, the government must prove by a “preponderance of the evidence” the property is legally subjected to be forfeited, which means it was gained from criminal activity, or that the property was involved in an illegal transaction.

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 ...

A bond can be forfeited by order of the court revoking the bond. This may be based on the bondsman filing a motion to be released as the surety, a motion filed by the State, or on the court's own motion.

What is a bond forfeiture case? 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.

Bond surrender is a process in the bail bond system where the bail bondsman returns the defendant to custody, effectively ending their responsibility for the defendant's bail. This action can occur for several reasons and is a legal mechanism that ensures the bondsman can mitigate risk when necessary.

More info

The surety and principal must file a written answer "on or before a.m. On the Monday next after the expiration of 20 days after the date of service.Generally, a bail forfeiture is understood to be the payment of the fine. When you sent in the money you were posting bail, it was forfeited when you did not report for the next scheduled hearing. Municipal judges are empowered to admit persons to bail and to forfeit bail in the same manner as provided for county courts. What is a bond forfeiture case? A bond forfeiture case is filed when a misdemeanor defendant failed to appear for a hearing or trial. You do not want to be put in the position of bond forfeiture in the state of Texas, since a warrant will be issued for your arrest. Some Judges are liberal in handing out PR bonds and some are still a bit reticent. In the overwhelming majority of cases bail will be set.

Trusted and secure by over 3 million people of the world’s leading companies

Bail Forfeiture Before Hearing In Texas