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Avoiding bail forfeiture is a top priority for defendants but it can be challenging to pull off in practice. Judges will often attach a long list of conditions to your jail release terms, making it easy to fall foul of them. 

If you are confused about bail forfeiture or want to avoid it, this post can help. It discusses what bail bond forfeiture is, the consequences of forfeiting bail, and the process courts follow to keep your money. Read on to learn more. 

What is Bail Forfeiture in San Diego?

Bail forfeiture occurs when a judge decides that you broke your bail terms and are no longer entitled to get the money back after your trial. For higher bail amounts, the losses can be substantial. 

The most common reasons for bail forfeiture include: 

  • Skipping a scheduled court appearance (that you were told about in advance in writing)Violating various other bail conditions, such as missing a drugs test
  • Being charged with committing new crimes while out on bail 

Bail forfeiture affects you and all other parties involved in helping you obtain bail. If you paid cash bail, it means you will no longer get any of the money back after your trial. If you use a co-signer, it also means they won’t recover their funds. 

Bail bond companies could also lose money because of your actions. Agents must return you to jail within 180 days of the forfeiture to get their initial bail payment back.

Explaining Cash Bond Forfeiture

Courts threaten bail forfeiture to ensure that you show up in court. The goal is to make the cost of not attending as high as possible to prevent you from skipping hearings. Specifically, cash bond forfeiture means that you or your co-signer lose the bail payment you paid upfront in cash. It differs from the situation where a bail agent pays your bail. In this latter scenario, the bondsman has a grace period of 180 days to apprehend you, allowing them to get repaid by the court. 

Consequences of Forfeiting Bail

The consequences of forfeiting bail are substantial. 

Obviously, you will lose the full bail amount (as explained above). However, there are other penalties besides losing money. 

The first is being incarcerated again. Upon breaching bail conditions, the judge presiding over your trial will issue a warrant for your arrest. This document permits police and bounty hunters to apprehend you at any time and take you to jail. 

You might also face continuous pre-trial detention, depending on the circumstances. Judges may refuse to grant you new bail, if you have a habit of skipping court hearings. 

It could even influence the sentencing decisions they make in regards to your case. Judges and juries might take a less favorable attitude toward you if you become known for no-shows. 

Bail Forfeiture: Before the Hearing

Judges will sometimes grant a bail forfeiture hearing if they believe you have a legitimate excuse for skipping court or breaching bail conditions. California allows you to reinstate your bail under certain conditions, such as suffering a medical emergency. 

Before attending a bail forfeiture hearing, the court will issue a notice to you and your co-signer (if you have one), telling you about your right to a hearing. You can then respond, informing officials of the reasons you could not attend the court. 

If you find yourself in this position, you should seek legal guidance as soon as possible. Talk to an attorney about your rights and possible legal solutions to the problem.

The Process of Bond Forfeiture

Just like bail, California has strict rules regarding bond forfeiture. The legal system must follow an approved process to be valid. 

The Triggering Event

The bond forfeiture process begins with the triggering event. For most defendants, this occurs when they skip court. However, it can also apply when they violate release conditions or commit a new crime. Once law enforcement learns of the trigger, it issues an arrest warrant. 

Notification

The next step is to issue a notification to relevant parties, including the defendant and co-signer. Theis notice discusses why the forfeiture occurred. 

The court provides the defendant with a grace period, allowing them to respond, explaining their absence or why they breached bail conditions. Attorneys can help them cite extenuating conditions.

Go To Hearing 

If the defendant wants to present their case to the judge, they must go to a hearing. This session provides a platform for the charged person to explain their absence or breach of bail conditions. 

Final Outcome

Several final outcomes can apply, depending on the decision of the judge. 

If the judge does not accept the evidence against bail forfeiture, they will: 

  • Keep the full bail amount
  • Continue to stay in jail

If you are using a bail bondsman, they will also begin recovery efforts. (In some cases, that will involve finding and escorting the defendant to jail). 

If the judge accepts the arguments in the bail forfeiture hearing, they will reinstate the bail. The defendant is free to continue pretrial release, as long as they continue to meet bail conditions. 

What Happens at a Forfeiture Hearing?

The bail forfeiture hearing has several steps. The first phase involves prosecutors outlining the case for forfeiture, including evidence of skipping court of breaking bail conditions. 

The defendant then has the opportunity to respond. Ideally, the defendant’s attorney will present evidence allowable under law to quash the accusations and reinstate the bail. Legitimate reasons include medical emergencies and not being informed of specific court proceedings or hearings. 

Then, the court permits a cross-examination of the evidence before the judge comes to a final decision, as outlined above. 

Wrapping Up

Now, you know what happens when a bond is forfeited and why it is critical to follow bail conditions. Ensure you leave adequate time to attend court, even if that means arriving several hours early. If in doubt, talk to your bail bondsman.