Bail Versus Bond Forfeited In Wake

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State:
Multi-State
County:
Wake
Control #:
US-00006DR
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Word; 
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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

As a co-signer, you're on the hook financially if the defendant skips bail. This liability can include the total bail amount, recovery fees, and court costs. If you used property or other assets as collateral, these could be seized to cover the forfeited bail.

In California, a bail bondsman typically has six months to find and return the defendant. If the defendant is not found in the timeframe, you will be responsible for paying not only the full amount of the bond, but also any additional expenses and any unpaid premiums.

In California, a bail bondsman typically has six months to find and return the defendant. If the defendant is not found in the timeframe, you will be responsible for paying not only the full amount of the bond, but also any additional expenses and any unpaid premiums.

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 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.

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 ...

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.

Even so, California law prohibits judges from denying bail because you can't afford it. Therefore, judges may release you on your “own recognizance,” which means you take responsibility for attending your trial dates without paying bail.

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.

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.

More info

When a bail bond is forfeited, the accused person must return to jail to await trial. Any monies paid for their bail are forfeit, or relinquished to the court.If the bail was forfeited in Supreme Court (a felony case), the application must be made to the court that issued the forfeiture order. Forfeiture. Forfeiture is when the defendant misses a court date or violates a court order and the court orders that the bail bond must be paid. If the defendant posted a bond, the bail bond company forfeits the money, as discussed below. The court usually issues a cash bail refund order 6 to 8 weeks after a case is closed or bail is exonerated. The advantage of paying the entire bail amount is you get the money back when the case is done. Bail bonds are similar to personal loans. It doesn't matter if they are involuntarily returned to court. The idea of bail is collateral to let you out of jail while your case is pending.

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Bail Versus Bond Forfeited In Wake