Have you ever been arrested and had to go through the process of posting bail? If so, then you are already familiar with the concept of bail. It’s a way for defendants to be released from jail while they await trial. However, not everyone posts bail gets to keep it. In some cases, the court will require that your bail be forfeited if certain conditions are not met.
What happens if your bail is forfeited? Read on to find out what happens when you fail to meet your obligations, and how you can avoid such a situation.
What Is the Forfeiture of Bail?
Forfeiture of bail is when a defendant fails to appear in court, and then the court will order the forfeiture of the bail bond. The court will next issue a warrant for the arrest of the defendant. If the defendant is arrested, they will be held in custody until their next court appearance.
This means that the court will keep the bail money as a penalty for the defendant’s failure to appear. In some cases, the court may also order additional penalties, such as fines or jail time.
The Consequences of Forfeiting Your Bail
As mentioned, the court will keep the money posted as collateral if your bail is forfeited. Then then there’s the arrest warrant, after which you will be required to appear before a judge to explain why you failed to appear for your earlier court date. If you cannot provide a good reason, then the judge may issue a bench warrant. If you’re arrested on the bench warrant, then you will be held in custody until your next court appearance.
You may be ordered to pay any costs related to the arrest warrant, such as court fees. In some cases, a forfeited bail can result in additional criminal charges, such as failure to appear or contempt of court.
How to Avoid Forfeiting Your Bail
If you are released on bail, it is vital to understand the conditions of your rele4ase and to comply with them. If you fail to do so, you can forfeit your bail, not only losing the money that you posted as bail but also being subject to additional penalties.
To avoid forfeiture of bail, make sure that you:
- Show up for all court appearances. This is the most important thing you can do to avoid the forfeiture of your bail.
- Comply with the conditions of your release. If the court imposes requirements on your release, such as a curfew or prohibition on leaving the state, make sure you follow those conditions.
- Pay any fines or expenses forced by the court. Sometimes the court will impose penalties or fees as part of your sentence, or as a condition of your release on bail. Be sure to pay these promptly.
The consequences can be severe if you fail to appear in court after being released on bail. If your bail is forfeited, the court will keep whatever collateral was used for that bond, and you may be ordered to pay additional fines or serve jail time. It is crucial that if you are out on bail, no matter how minor the charges against you seem to be, you take your responsibility seriously. Make sure you show up for all of your scheduled hearings so as not to incur any unnecessary, and preventable, penalties from a defaulted bond.