San Diego bail bonds are available for a specific purpose which is to secure release for the defendant after the arrest. It helps the defendant to prepare for the trial in a better way. But, when the judge sets the bail, it is done on some conditions that the defendant will pay the bail and will appear to the court trial on time.
But, what if the defendant does not have the money to secure a bail bond? For this, the bail bonds company can assist. The company can pay the bail amount on the defendant’s behalf. The bail bondsman offers a bail bond agreement that specifies the agreement terms related to release from jail and attendance of court hearings. The agreement states that if the defendant fails to appear in court or violates any other condition of the agreement, the bail bond gets forfeited.
What does bail forfeiture mean?
The bail forfeiture occurs when a defendant released on bail fails to appear in court as required.
When a person charged with a crime is allowed to post San Diego bail bonds, a financial arrangement, allowing the defendant to get released from custody while awaiting their trial. In exchange for their release, the defendant agrees to return to court for all scheduled hearings and proceedings related to their case.
If the defendant fails to appear in court as scheduled, the court can issue a warrant for their arrest and declare the bail forfeited. It means that the court seizes the bail amount posted, and it becomes the property of the court. Essentially, the defendant loses the money or collateral they provided as bail.
What are the consequences of bail bond forfeiture?
If said precisely, bail bond forfeiture takes place when the agreement made between the court and the bail bond company is declared to be void. The consequences of bail bond forfeiture can impact the defendant as well as the bail bond company.
The two main consequences when bail forfeiture takes place are:
- The bail bond company becomes liable to pay the entire bail bond amount.
- The court does not return the total bail bond amount
Irrespective of the consequence, bail forfeiture leads to bail loss.
What if the bail bonds company needs to pay the remaining bail bond amount?
When the defendant fails to follow the terms of the release, the court will hold their San Diego bail bonds company.
In such a situation, the court gives the bail bond company a period of 180 days to present the defendant in court. The 180 days is the specific period in California. Other states have other forfeiture periods. If the defendant is within custody or comes in front of the court or is locally present, the bail will not be forfeited. In such a situation, the bail bond company need not pay the entire bail amount. On the other hand, if the defendant is not presented in court before this specific period, the financial responsibility of paying the entire bail amount falls over the company.
As the bail bond companies require the defendant to pay a small bail amount when the agreement is done, the financial impact of bail forfeiture can be destructive.
What Happens To The Defendant After Bail Forfeiture?
It’s important for defendants to understand the terms of their bail agreement and the consequences of failing to appear in court. San Diego bail bonds forfeitures can lead to additional legal complications, and defendants might face new charges, increased bail amounts, or even imprisonment if they are apprehended after fleeing.
How to tackle the situation of bail forfeiture?
Addressing a bail forfeiture situation can be complex and requires careful attention to legal procedures. When a defendant fails to appear in court as required, the court may issue a bail forfeiture, which means the San Diego bail bonds money is forfeited, and a warrant for the defendant’s arrest is typically issued.
Here are the general steps you should consider taking to address a bail forfeiture situation:
- Consult with the bail bondsman
If the defendant used a bail bondsman to post bail, communicate with the bondsman about the situation. They may have insight into the defendant’s whereabouts or reasons for not appearing in court.
- Notify the court
If you’re the individual who posted the bail, contact the court immediately to inform them about the defendant’s failure to appear. This will likely trigger the court’s process for addressing bail forfeiture.
- Reinstating the bail
In some situations, the court might give the defendant a chance to explain their absence and potentially reinstate the bail. This depends on the specific circumstances and the judge’s discretion. If the defendant has a valid reason, the court may set a new court date and reinstate the bail.
Is it possible to request a new bond?
Yes, you can request a new bond after bail forfeiture, but the process can be complex and may not always result in a new bond being granted. If the court decides to grant a new San Diego bail bonds, it may impose stricter conditions to ensure the defendant’s appearance in court. These conditions could include electronic monitoring, travel restrictions, regular check-ins with authorities, or surrendering passports.
How Affordably Easy Bail Bonds assist you with bail forfeiture?
We at Affordably Easy, understand that, at times, life gets difficult and you can miss out on the court appointment. But, when such situation takes place, you need to act quickly to avoid future problems. The consequences of San Diego bail bonds forfeiture can be overwhelming for the bail Bonds Company as well as defendant. At Affordably Easy Bail Bonds, our experts understand your situation well and help you to protect your freedom. By working with us, your freedom will be protected and you will get time to prepare for trial while remaining away from jail with our San Diego bail bonds reinstatement services.
Contact our bail bondsman now if you have any concerns related to San Diego bail forfeiture.