Bond Forfeiture: What You Need to Know
Bond Forfeiture is defined as the process by which the person or business that posted bail for a defendant must pay the entire amount of the bail. This forfeiture results when the defendant misses his or her schedule court appearance or fails to perform an obligation. Forfeiture of a bond can occur in both criminal and civil cases. In civil cases, bond forfeiture may occur when a party does not perform an obligation. In criminal cases, bond forfeiture occurs when the defendant fails to show up for his or her court date.
A hearing may be scheduled for bond forfeiture when a defendant fails to show up for a schedule court date. When a bond has been forfeited the entire amount of the bond becomes the property of the court jurisdiction where the case is pending. Often notice of forfeiture must be sent to the defendant prior to the forfeiture hearing.
A defendant may attend the forfeiture hearing and offer defenses to their failure to appear in order to prevent the forfeiture of a bond. An example of a defense that may prevent bond forfeiture is if the defendant failed to attend court for good cause. A judge has the discretion to determine if a good cause existed for the failure to appear, and if the forfeiture of the bond should be implemented. If you have concerns or questions concerning a potential bond forfeiture please contact the attorneys at Mulligan Epstein today.