Bail Forfeiture In Utah

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Multi-State
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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

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.

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Bail Forfeiture In Utah