Bail Versus Bond Forfeited In Texas
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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.
If the prosecutor learns that the defendant is possibly in violation of their bond conditions, they can file a motion to revoke the bond. At that point, the court will set a bond revocation hearing, where both sides will have an opportunity to present evidence.
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 ...
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.
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 California, if you are a co-signer and you wish to revoke a bail bond, you will need to contact the bail bond agency and explain the situation. You will need to liaise with the bail bond company and ensure that the relevant courts are aware of the changes to make the decision official.
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.
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.
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.
