What is the difference between forfeiture and cancellation of bond?

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.

US Legal Forms
Bail Bond Agreement

Criminal Bond Forfeiture In Virginia

Category:

Criminal - Bail

State:

Multi-State

Control #:

US-00006DR

Format:

Instant download

Description

The Criminal bond forfeiture in Virginia document outlines the obligations and responsibilities between the applicant for a bail bond and the bail bonding company. This form is crucial for those engaged in the bail bonding process, detailing the premium payments, indemnity clauses, and conditions for forfeiture. Key features include a requirement for the applicant to indemnify the bail company for liabilities incurred, to pay necessary expenses related to defendant apprehension, and to cooperate in any necessary legal actions. Filling instructions specify that users must provide accurate personal and court information, while editing may be necessary to reflect changes in circumstances or agreements. This form is particularly useful for attorneys, partners, owners, associates, paralegals, and legal assistants as it ensures the legalities of bail arrangements are clearly defined and understood. Additionally, it prevents misunderstandings regarding financial obligations and legal responsibilities surrounding bail bonds in Virginia. Overall, this document facilitates compliance with legal requirements and establishes a framework for bail bond transactions.

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FAQ

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.

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 ...

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.

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.

The court has required the bond, and only the court is able to cancel the bond by issuing a “release” stating the bond is no longer needed. Be advised: It could take a long time to settle the estate or court case and meanwhile, premiums are due until such time as a release is received.

If the accused fails to appear in court, the court could revoke bail, forfeit the bond, or any part thereof, and enter judgment.

Types of Bail in Virginia Criminal Cases However, if the magistrate does not set bond, then you will remain in jail either until released after trial or sentencing or until your defense attorney files a motion in court.