In some countries, a criminal defendant is permitted to post a bail bond in exchange for being released while his or her court case is pending. A bail bond company or an individual generally posts the bond and thereby agrees to pay a certain amount of money if the defendant fails to appear at a scheduled court date. A bond forfeiture occurs when the defendant doesn’t show up in court, and the company or person who put up the bond must pay the defendant’s outstanding bail amount. A forfeited bond becomes the property of the jurisdiction overseeing the case, and it cannot be refunded.
If a defendant has been released on a bond and subsequently misses his or her court date, then a judge usually orders a bond forfeiture hearing. During the hearing, the judge will decide whether or not the defendant had a good reason for failing to appear in court. If the judge determines the defendant did not have cause, he or she will ordinarily issue a warrant for the defendant’s arrest. Typically, the judge also specifies that the defendant must be found by a certain date. If the defendant cannot be located by that date, the court will move forward with bond forfeiture proceedings.
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If a defendant has put up collateral in order to secure a bond, a bail bond company may sell the collateral in order to obtain cash to pay the bond once a bond forfeiture has been ordered. If the defendant’s family or friends have given collateral, such as a mortgage or car, they will also likely lose those items. Additionally, the bail bond company may attempt to recover any costs associated with locating the defendant.
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Bail bond companies suffer severe financial consequences when their clients fail to show up for scheduled court appearances. If a bond is forfeited, a company must pay out the cash value of the bond. As a result, bonding companies often hire people, referred to as bounty hunters or skip tracers, to find fleeing defendants. If a defendant is found, the company usually turns him or her over to the authorities. As long as the defendant can be found and returned to the court's custody before a bond forfeiture is finalized, a court generally won't require the company to pay the bond.
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In addition to bond forfeiture, a defendant usually faces other consequences for missing a court date. Typically, once found, a fleeing defendant will immediately be placed in jail. The defendant may also be charged with the crime of jumping bail, which is considered a felony offense in many jurisdictions. If convicted, the defendant could ultimately be sentenced to additional jail time and ordered to pay hefty fines.