What is The Forfeiture of a Bail Bond?


Apr 5, 2015 Martin Bail Bonds Explained No comments
Martin Basaldua

Martin Basaldua
- Your Bailbondsman
805-641-2245

Bail bond forfeitures are very unfortunate, and comparatively quite rare, occurrences. Your bail bondsman in Thousand Oaks exists to prevent just such an event — your collateral is the reason why you were able to bail your loved one out in the first place, because it provides the needed incentive to actually get him or her to show up in court. Otherwise, people would never show up and as a result jails would simply never allow bail. When your loved one doesn’t show up, you forfeit your collateral, which your Thousand Oaks bondsman then sells to recoup any of his associated losses.

Excuses For Bond Forfeiture

Acceptable excuses in California include your loved one being detained elsewhere, insanity, illness or death. Others include showing up in court within the maximum 180-day period, which results from an extension; the case being dismissed within 15 days of arraignment; a permanent disability preventing a court appearance; and the failure of the clerk to either within 30 days mail the forfeiture notice or fail to mail yourself as the surety and the agent handling your Thousand Oaks bail. You may also extend the 180-day period by 30 days if you file the correct motion within the 180-day period, and you do get a five-day extension due to mailing time.

Consequences of Forfeiting Bond

Your loved one has three options if they forfeit your bond in Thousand Oaks: show up in court, offer an acceptable excuse or pay the forfeited bond. California state law dictates a 30-day grace period during which these options can be completed; if no response is received from the defendant then the forfeited bond is finalized.

● Suspension of Being a Surety: Unfortunately for you as the surety — or backer of your loved one’s actions — you are responsible and can be suspended from bailing someone out as a result of bond forfeiture.

● Remission of Paid Forfeiture: This means that your paid forfeiture is returned to you in part or in full due to a variety of circumstances, such as the justice not requiring the forfeiture to be used. Often the discretion of the courts is the deciding factor, and in California there is no remission period at all.

● Immediate Detention: If your loved one jumps bail they will be placed in jail immediately and charged with fleeing court, which is a felony and will greatly increase their problems including large fines and jail time upon conviction.

● Payment of Full Bail & Recovery Fees: Usually these amounts far exceed what any friend or family member can pay, so it’s always in the best interests of you as the surety and your loved one to simply show up to court for a proper defense.

Contact us now to get your loved one or friend bailed out as fast as possible.

 

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