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Adhering to bail terms is essential to get your money back after completing your trial obligations. However, most people don’t understand this concept fully.

Unfortunately, it isn’t always enough to show up at trial. You also have to fulfill other conditions. 

If bail forfeiture confuses you, this post will help. We discuss what it is, how to understand it, and the consequences of breaking bail terms. We also look at the bond forfeiture process and what happens when a bond is forfeited. By the end of the article, you should understand how to avoid this issue and get all your money back. 

What Bail Forfeiture?

Bail forfeiture is where you do something that causes the court to refuse to hand bail money to you (if you paid cash bail) or your bail agency if you are using a bail bond. As you might imagine, avoiding this circumstance should be a high priority. Losing all that money could jeopardize your long-term finances, regardless of the case against you. 

Understanding Bond Forfeiture

Bail bond forfeiture can occur for various reasons, from simple to complex. 

The most common reason for forfeiture is failing to appear in court without a sufficient excuse. Not showing up breaks the bail terms, giving judges the authority to refuse a return of funds. 

The process for bond forfeiture is simple. Once the defendant forfeits the bail, the court sends a notice of forfeiture to them or their bail bond company – whoever paid the bail, describing the reasons for the forfeiture. 

Defendants and bail bond agents can petition the court to exonerate the bail to avoid forfeiture. However, that can’t happen unless the defendant has a good reason for missing their court date (and those are rare). Therefore, showing up in court no matter what happens is usually the best policy. 

Consequences of Forfeiting Bail

The consequences of forfeiting bail can be severe. Defendants lose their money and can suffer further repercussions. 

For example, if you paid a bail bondsman to post bail and the court refuses to pay them, they can ask you to pay it back through wage garnishments or collection actions. 

You could also see damage to your credit score, preventing you from borrowing in the future. You might have to pay higher interest rates on mortgages or car loans. 

In some respects, the legal consequences can be even worse. Courts may issue new warrants for your arrest, forcing you to return to jail. You could also face further “failure to appear” charges if you don’t make your court dates, which could carry worse punishments upon sentencing. 

Lastly, courts might not grant you future bail if they believe you are a flight risk. Officials may worry that you will commit additional crimes if released, worsening sentencing at your trial. 

The Process of Bond Forfeiture

California courts follow a straightforward bail bond forfeiture process for individuals who fail to appear at court hearings. You can appeal against a decision against you, which we explain in the next section, but you should have a proper excuse and work with an attorney. 

Step 1: Forfeiture Order Following No-Show

The first step is for the court to issue a bail bond forfeiture document if you do not show up to the trial. Courts will refuse most excuses or if you are slightly late. 

Once the forfeiture order goes through, judges will issue a bench warrant for your arrest. This document gives police, bail bond agents, and others the legal right to apprehend and send you to jail. 

Step 2: Notice Of Forfeiture

During the following 30 days after the court hearing, a clerk sends a notice of forfeiture document to relevant parties. If you paid cash bail, you will receive this notice at your registered address. The document will tell you the amount of the bail and the reasons for forfeiture. 

If a friend or bail bond agency paid your bail, they will receive this document. Again, it will explain the reasons for the forfeiture compared to the original bail conditions. 

Step 3: Exoneration Hearing

In some cases, you can get bail forfeiture exonerated. Most hearings occur within three months of the forfeiture. 

Always work with an attorney if you go to an exoneration hearing. Ensure that you have a case that’s likely to win. 

Step 4: Judgment

If no exoneration is available, the court will pass a summary judgment against you or your bondsman (whoever paid the bail). The judgment amount includes the bail plus court costs. 

Step 5: Bail Recovery

Bail agents can still recover lost bail money from the court, so long as they apprehend the defendant within 180 days of the court order. If they cannot, the county treasury receives the money. 

What Happens at a Forfeiture Hearing?

The purpose of a bail forfeiture hearing is to enable the defendant to regain lost bail money. Appeals for exoneration must be made within 90 days of the forfeiture. 

If you decide to go to a bail forfeiture hearing, get help from an experienced attorney. Lawyers can ensure you have a robust and permitted case. 

Legitimate excuses for skipping a court appearance include: 

  • Medical emergencies
  • Not being provided with proper information about court dates
  • Mistakes in court documents
  • Not being told you had to go to court

To exonerate bail forfeiture, you must provide various supporting evidence to the court, including medical records and court summons. Then, judges will review your case and exonerate you accordingly, provided you submit strong evidence. 

Wrapping Up

In summary, attending all your court dates is the best insurance against bail forfeiture. Showing up on time and following proper procedures protects you, your work, and the bail agent. 

If you believe you can’t attend court on the specified date, speak to your attorney and the court. Ensure you have proper legal standing before making any decisions. Otherwise, the consequences could be severe.