Bail Forfeiture In Utah
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There are three types of forfeiture under federal law: criminal forfeiture, civil judicial forfeiture, and administrative forfeiture.
77-11b-201. Initiating forfeiture proceedings -- Notice of intent to seek forfeiture. If an agency seeks to forfeit seized property, the agency shall serve a notice of intent to seek forfeiture to any known claimant within 30 days after the day on which the property is seized.
Consequences of a Bail Forfeiture in Utah A bail forfeiture is treated as though you entered a guilty plea, and is considered to be a conviction. This conviction becomes part of your criminal record, and may show up on a background check or criminal history report.
This is usually where the tenant has breached a condition of the lease or has breached a covenant. The forfeiture is usually undertaken by a Bailiff (Certificated Enforcement Agent) who enters the property peaceably and takes vacant possession of the property.
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.
Forfeiture generally occurs where one party exercises a legal right that results in a second party forfeiting, or losing, a right or interest. In some cases, where the right or interest has been lost due to unconscientious conduct, equity can provide a remedy in the form of relief against forfeiture.
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.
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 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.
