Bail Forfeiture Notices: What You Need To Know

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When you sign for a bail bond to get someone released from jail, you take on the financial responsibility for ensuring that the individual is present at court hearings and abides by the terms of the bail release. Sometimes, circumstances beyond your control can leave you facing a bail forfeiture for the individual you have cosigned and posted bail for. Here's what you need to know about a bail forfeiture and what you may be able to do about it.

What Happens When Bail Is Forfeited?

If you experience a bail forfeiture, it typically means that the individual who was released on bail either missed a court date or otherwise violated the terms of their release. The violation could be anything from failing to check in with a bondsman to being caught associating with someone that he or she was ordered to avoid. 

When bail is forfeited, the individual must return to jail. They are no longer legally eligible for release under the bail that was posted. In most cases, you also forfeit the money that you paid to secure their release. 

What Are Your Options If Bail Is Forfeited?

You might think that, once you get that forfeiture notice, there are no options left to address the situation. The truth is that, depending on the reason for the forfeiture, you might be able to fight it. In other cases, there is nothing that you can do to stop the forfeiture. Some of the things to discuss with a bond attorney and a defense attorney include the following:

Turning Over The Accused: If you bring the accused to the court and turn him or her over to authorities, the individual will be remanded back into custody pending the outcome of the case. This will negate your responsibility on the bail agreement, but you will typically not receive any refund for the bail deposit that you paid.

Paying The Remaining Bail Balance: If you only paid a percentage deposit on the bail amount and you cannot produce the accused to return them to custody, you will be expected to pay the balance of the bail amount that was owed. You will have to negotiate with the courts to determine a payment arrangement or collateral if you cannot pay the entire amount up front.

Providing Just Cause: Sometimes you can stop the entire forfeiture if you can provide just cause for the situation that led to that forfeiture. For example, if the bail is forfeited because the accused missed a court date, you can show documentation that he or she was incarcerated, admitted to the hospital, deceased, or otherwise completely incapacitated and unable to meet that court date. In most cases, evidence like this is enough to show extenuating circumstances and have the forfeiture reversed.

How Long Do You Have When Bail Is Forfeited?

Another important consideration when you receive a notice of bail forfeiture is how long you have to address the problem with the court. In some states, bail forfeiture is immediate and you must then fight it after the fact. In other states, you may receive a grace period to address the issue with the courts before they seek payment or custody of the accused.

Make sure that you clearly understand the timeline that you are provided, and work with a bail bondsman and a bail attorney to ensure that you can do your part to secure your loved one's freedom while they await their trial.

For more information about bail bonds, the requirements, and how to protect your bail investment, talk with a local bail bondsman today. He or she can answer your questions.

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