In California, once a bail bond is forfeited, the bail bonds agency and the co-signer are notified. They have a limited period, typically up to 180 days, to either bring the defendant to court or provide a valid reason for the defendant's absence.
However, a court in this state may entirely deny bail to a criminal defendant if: The defendant is charged with a capital offense. The defendant currently is on probation. The defendant previously did not appear as scheduled in court.
It is these last two factors that are the most critical to any judge: 1) Whether the person is at risk for failure to appear for future court proceedings; and, 2) Whether the person represents a danger to the public.
If you can't make bail, you remain in custody until your court date—a timeline that could span weeks or months.
A bail hearing usually occurs within 48 hours of a defendant being charged. When deciding bail, a judge will consider factors including: the seriousness and circumstances of the allegations. the defendant's criminal history and their risk of reoffending.
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 a defendant's bond is forfeited, it means that they have failed to comply with the conditions of their release.