In addition to being a nerve-wracking and emotional process, an arrest could come with some financial requirements you did not expect. While sometimes you can secure your freedom without bail (own recognizance release), in many cases, the court will require you to post bail to secure your pretrial release.
Bail is the financial guarantee you give the court or police to act as security for your pretrial freedom as your case continues. If you are indigent or do not have any emergency fund to pledge as security for your pretrial release on bail, a bail bondsman can sign a contract with the court to post a surety bond, guaranteeing your future court appearances.
However, when you fail to make your court appearances after your pretrial release, the bail bondsman will owe the court your full bail amount, and that is what is known as bail bond forfeiture.
What Bail Bond Forfeiture Means
After posting cash bail or a bail bond using the services of a bail bondsman, the court will expect you to comply with certain strict terms and conditions, including:
- Surrender your passport
- Do not travel out of state or country
- Do not contact the protected individuals
- Stay arrest-free
- Abstain from drugs
- Attend all the scheduled court hearings
When you breach any of these pretrial-release conditions, particularly by failing to make your court appearances, which is important since your case is not over, the court will forfeit your bail. That means you will lose the property or money you posted as bail to secure your pretrial release.
If you relied on the services of a bail bondsman to secure your freedom, he/she will owe the court your full bail amount after bail forfeiture.
How Common is Bail Forfeiture?
Truthfully speaking, bail forfeiture is not common because courts often view it as the final option when someone is out of jail on bail. Breaching your pretrial release terms and conditions or missing a court date does not automatically mean the court will forfeit your bail.
Sometimes, you may have valid excuses for failing to make court appearances. For example, that can happen when you are ill, hospitalized, or involved in an accident. Other times, you can make an honest mistake, like marking the wrong date on the calendar, which prevents you from attending your scheduled court hearing.
In these situations, the court could allow bail bond reinstatements before your bail bond is forfeited. The rule of thumb for avoiding bail forfeiture is to act quickly after you miss a court date.
Possible Repercussions of Bail Bond Forfeiture
It is worth mentioning that a bail bond agreement involves three parties, including the court, the bail bondsman, and you, the defendant. As mentioned in the previous paragraph, a bail bond guarantees the court that you will comply with all the terms and requirements of your pretrial release.
Hence, the court can declare this agreement null and void when you fail to adhere to the set terms and requirements. In addition to the bail bondsman being accountable for your full bail amount, bail forfeiture will also attract other legal consequences, including:
- A re-arrest and high chances of remaining in legal custody without bail as your case continues
- Ineligibility for bail during future arrests
- A failure to appear in court charge under Penal Code (PC) 1320.5
The penalties you will face after an arrest for an alleged PC 1320.5 violation will depend on whether your offense is a misdemeanor or a felony. For example, if your offense is a felony, you will receive felony penalties after a PC 1320.5 violation conviction, including:
- A fine not exceeding $10,000
- Up to three years of jail sentence
However, with the help of a skilled criminal defense attorney, you could avoid these penalties by raising the following legal defenses:
- You are a victim of false allegations
- You had no intention of avoiding the court process
- It was not a willful act
As you can see above, the consequences of missing court dates after your release from jail on bail are steep. However, even if you have breached any condition of your release on bail or failed to make a court appearance, avoiding bail forfeiture is possible as long as you act promptly. You can begin by contacting a criminal defense attorney.
Examples of Common Bail Forfeitable Offenses
Any bailable offense carries the possibility of forfeiture if conditions are broken, but the risk is particularly high in criminal cases involving violence, drugs, or high-flight-risk charges as described below:
Felony Crimes
Felony charges, also known for their seriousness, often carry a high risk of bail bond forfeiture. Bail forfeiture is more likely to happen in felony crimes because of the possible harsh consequences of a conviction for these offenses. That means, as a defendant, you could be tempted to skip bail after securing your pretrial release to avoid the possible consequences of a conviction.
Violent Crimes
Bail forfeiture is also common and highly possible for offenses involving violence or threats, including domestic abuse or aggravated assault. One of the ways you can violate the terms of your release on bail when charged with any of these offenses, leading to bail forfeiture, is by contacting the protected individual.
Drug Crimes
Drug-related crimes, particularly distribution or trafficking, are another category of crimes with a high likelihood of bail bond forfeiture. The possible harsh penalties for these offenses are one of the factors that could motivate you to skip bail to avoid prosecution.
White-Collar Crimes
Bail forfeiture is also likely to occur when charged with a white-collar crime, like embezzlement. That is mainly due to the possibility of lengthy jail terms and hefty fines after conviction, which could motivate you to skip bail to avoid prosecution.
Regardless of the severity of the alleged charge, skipping bail or otherwise failing to make your court appearances after securing your freedom is not a wise move. That is particularly true if you relied on a friend, colleague, or family member to cosign your bail bond. In these cases, the bail bondsman will turn to the cosigner to refund the money he/she will lose to the court after bail forfeiture.
Also, if he/she surrendered collateral to act as security for your release, the bail bondsman will seize it to cover the loss. You risk ruining your relationship with the cosigner when that occurs.
How to Avoid Bail Bond Forfeiture
As you can see above, the consequences of missing court dates after securing your freedom on bond are harsh, but they are avoidable. After securing your pretrial freedom on bond, avoiding bail forfeiture begins with clear communication and taking responsibility. Below are practical tips that can help ensure your case goes smoothly after securing your pretrial release from jail on bond:
Never Miss Any Court Date
Showing up for all your court dates to challenge the allegations you are up against is one of the conditions of a pretrial release on bail. To avoid missing your scheduled court dates, mark your calendar correctly, confirm the time, and arrive early.
Stay in Touch With Your Bail Bondsman
Staying in touch with your bail bondsman can help you avoid the consequences of missing court dates, including a criminal charge. Whenever you contact your bail bondsman, he/she will remind you of the scheduled court dates and what you can and cannot do while out on bail.
If you have violated any condition of your release, you should inform your bail bondsman, and they will let you know what to do to avoid bail forfeiture.
Seek Legal Assistance from a Qualified Criminal Defense Attorney
If you are unsure what you can and cannot do after securing your freedom on bond, your criminal defense attorney can also help. Ensure you explain your situation to your attorney once you contact him/her to know your options. If you are late for a court hearing, your attorney can help you avoid the consequences of missing court dates.
Your attorney could help you secure a continuance in advance if you have an emergency that could prevent you from making your scheduled court appearance.
Surrender Yourself to the Law Enforcement Authorities
When you miss a court date, the court will revoke your bail and issue an arrest warrant, authorizing the police to arrest you. However, you could avoid these consequences of missing court dates following your release from jail on bond by surrendering yourself to law enforcement authorities.
Ensure you immediately contact your bail bondsman or criminal defense attorney if you have missed any court date. The court could agree to reinstate your bail bond if you turn yourself in immediately.
Working with a reputable and seasoned bail bondsman can make a significant difference during the bail process. Once you hire a bail bondsman, he/she will ensure everything runs smoothly until all the court hearings are completed. The court will exonerate your bail as long as you complete the legal process as required. That is true regardless of whether the case ends in your favor.
When the court exonerates your bail, the bail bondsman will no longer be financially accountable for your freedom. However, the bail bondsman will not refund the premium you had to pay him/her for the bail bond services.
What to Expect After a Bail Bond Forfeiture
Once the court forfeits your bail bond after missing a court date or breaching any condition of your pretrial release, the following steps will typically occur:
You Will Receive a Notification
The court will notify the bail bondsman and you, the defendant, that your bail bond is in default. When that happens, taking proactive actions can help reinstate the bond.
The Court Will Allow You to Resolve the Issue
The court could give you a grace period, also known as a “set aside” period, during which you can challenge the bail bond forfeiture. However, the judge will be very strict with the excuses it will accept for skipping your court dates. This process begins with filing a motion to set aside bail forfeiture, which explains your reasons for failing to make your court appearances.
Then, the court will review your reasons for non-appearance. Some of the viable excuses that could work in your favor include:
- Being under arrest in another jurisdiction
- Being involved in an accident
- A severe illness
- Loss of a loved one
It is worth noting that the court will only consider this motion when you file it within 180 days of your bail forfeiture. When you fail to file your motion within this time frame, the bail bond forfeiture will be permanent, even though you had a valid excuse for failing to make your court appearances.
The Bail Bondsman Will Seek Recovery of the Money He/She Will Lose to the Court
If avoiding bail forfeiture is impossible even after filing a reinstatement motion, the bail bondsman will be financially liable for your bail money. The bail bondsman will likely hire a licensed bounty hunter to trace your whereabouts and bring you back into legal custody to avoid that significant financial loss. Unlike the police, a bounty hunter works for a bail bondsman rather than the government.
Generally speaking, avoiding bail forfeiture is possible if the bail bondsman can locate your whereabouts and surrender you to court within 180 days. To avoid all these unnecessary consequences of missing court dates after securing your freedom on bond, you should make all your court appearances as required.
Find a 24/7 Bail Bondsman Near Me
Understanding the financial and legal consequences of missing court dates after securing your freedom on bond is important. While the court conditions and requirements of pretrial release on bond following an arrest can be restrictive, complying with them is the only way to prevent bail forfeiture and associated consequences.
Avoiding bail forfeiture should not be an issue when you choose a reliable bail bondsman. At Balboa Bail Bonds, we are available 24/7, ready to help you secure your freedom on bond and ensure your compliance with the terms of your release from jail until the legal process is over. We invite you to call us at 619-760-2222 if you or a loved one needs quick bail bond services wherever you are in California.