Bail Versus Bond Forfeited In Wayne

Category:
State:
Multi-State
County:
Wayne
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

You need to file a motion to amend bond conditions with the court. You should at least consult with a local criminal defense attorney (if you are not already represented by someone) to discuss the issues the court will consider, and the best way to address those issues.

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.

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.

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.

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.

More info

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. Indemnitor. Upon a favorable disposition to the defendant (dismissal or acquittal of all charges), the entire amount of bail posted is refunded.No, bonds cannot be posted online. What causes a bond to be forfeited? Forfeiting your bond means that the bond you originally posted on this case when you were arrested is forfeited not being returned to you. Of the defendant in the above entitled case. I acknowledge that where the proper filing fee was not remitted at the time this bond was. 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 defendant fails to appear in court, the bail money will be forfeited and a warrant for their arrest may be issued.

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Bail Versus Bond Forfeited In Wayne