Bail Versus Bond Forfeiture In Travis

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State:
Multi-State
County:
Travis
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US-00006DR
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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.

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FAQ

969.13 Forfeiture. (1) If the conditions of the bond are not complied with, the court having jurisdiction over the defendant in the criminal action shall enter an order declaring the bail to be forfeited.

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.

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 ...

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.

If the prisoner is admitted to bail and fails to appear and surrender ing to the conditions of the prisoner's bond, the judge or magistrate by proper order shall declare the bond forfeited and order the prisoner's immediate arrest without warrant if the prisoner is within this state.

In certain circumstances, a bond forfeiture can be reversed. However, this is typically only possible if the defendant can provide a valid reason for their failure to comply with the conditions of their release, such as a medical emergency or other extenuating circumstances.

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 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.

More info

Bail forfeiture means that money that was paid for a person's release from jail pending trial is relinquished to the court. If you've missed a court date, you will need to take the appropriate steps to not go back to jail for bond forfeiture, or "skipping bail."Completing the Remission of Bond Forfeiture Application Form​​ (5) Sign with your full name the application form with a date of signature. If the defendant misses a court date and fails to fulfill agreed upon responsibilities, the full amount of his or her bail is automatically forfeited. The criminal defense attorneys of Travis Noble, PC, are here to help you take on possible bail bond forfeiture. You can pay a cash bond in-person at the jail facility where the defendant is housed (either the Bonding Office or the Travis County Correctional Complex). Rather than coming up with the full bail amount, you're typically expected to pay a fee within a certain period. Cash Bond – This usually carries the greatest up-front costs for release from jail.

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Bail Versus Bond Forfeiture In Travis