BY | March 6, 2024

If someone is arrested, the most common procedure goes something like this: the court sets a bail amount, bail is paid, and the person is released while they await trial. The purpose of bail is to encourage the accused to return to court for their trial and legal proceedings, but gives them the freedom to prepare, be with their family, and continue their normal lifestyle while they wait.

If the defendant appears in court, then the bail money will be returned in full regardless of the outcome of the hearing. However, since the bail amount can be quite high at times, it’s often recommended for the defendant to get a bail bond. This is a financial agreement between the defendant and a bail bondsman who agrees to pay the full bail amount. Bail bond agencies will typically charge 10% of the full bail amount and additional fees for their services.

Once the defendant appears for their trial, the bail amount will be returned to the bail bondsman. However, if the defendant fails to appear, then it can create numerous complications that affect both the defendant and the bail bond agency. This situation is known as bail forfeiture and carries serious consequences.

What is Bail Forfeiture?

Bail forfeiture is when a defendant fails to appear in court after being released on a bail agreement between them and a bail bond agency. A bail forfeiture order is issued by the court, and means that any money or collateral that is put up as bail will be kept as a penalty. In addition to the penalty, the court will often issue a warrant for the defendant’s arrest as well.

In some cases, these may be a grace period during which the defendant can still appear in court to prevent the bail forfeiture from being issued. However, this is up to the individual jurisdiction’s rules.

Consequences of Forfeiting Bail

The consequences of bail forfeiture can be significant to both the bail bond agency and the defendant. If the defendant fails to appear even during the grace period in which some jurisdictions provide, they can expect to face these consequences:

A Warrant for the Defendant’s Arrest Will Be Issued

The court will typically issue a bench warrant for the arrest of the defendant for failing to appear in court. This allows law enforcement to arrest the defendant anywhere.

Bail Money and Collateral Will Be Lost

Any bail money or collateral offered will be lost as a result of failing to appear in court. The court will keep the money (even if it was paid by a bail bond agency) and property may be seized if it was offered as collateral.

Negative Impact on the Current Case

Bail forfeiture will likely negatively affect the current case that the defendant is accused of. This may eventually lead to a harsher sentence or the courts may be less lenient in future proceedings.

Financial Impacts on Affected Parties

If a bail bond agent or cosigner (such as a family member or friend) posted bail on behalf of the defendant, they will be responsible for the full bail amount. In order to recover this money from the defendant, a bail bond agency may resort to legal action if the defendant can be found, or they may use the services of bounty hunters.

Additional Criminal Charges

Since the defendant failed to appear in court, it’s likely that they will face additional criminal charges depending on the jurisdiction. This will lead to further penalties, legal complications, stricter bail conditions, and higher bail amounts if they are arrested again. In some cases, a repeat offender may not be given the option to post bail.

Bail forfeiture comes with serious consequences that will create many complications for the defendant. If someone is released on bail, it’s in their best interests to appear in court so that a bail forfeiture is not issued by the courts.

Bail Forfeiture Hearings

It’s important to note that the bail amount and any collateral aren’t immediately lost if a defendant fails to appear in court for their hearing.

What Is a Bail Forfeiture Hearing?

A bail forfeiture hearing is a legal proceeding where a court will determine if the bail money or collateral used as bail should be confiscated as a result of a defendant failing to appear in court as per their terms of release.

The hearing gives the defendant an opportunity to explain themselves and argue the bail forfeiture. In the event a bail bond agency or cosigner is involved, they can also be present to argue against the forfeiture.

When Does a Bail Forfeiture Hearing Take Place?

A bail forfeiture hearing will take place at a later date once it is confirmed that the defendant has not appeared in court for their hearing.

All involved parties, such as the defendant, their bail bond agency, and cosigners, will be notified ahead of time.

What Happens at a Bail Forfeiture Hearing?

During the hearing, the prosecution and defense will have opportunities to present evidence. The defense will attempt to present evidence that explains why the defendant could not appear, and the prosecution will argue against this.

Once evidence has been presented, the court will make a decision. If the court decides that the defendant had a valid reason for failing to appear in court, a bail forfeiture will not be issued and the bail could be reinstated. Otherwise, the bail forfeiture will be issued and the involved parties will face the consequences.

What Are Valid Reasons for Failing To Appear at a Court Hearing?

Courts will require compelling reasons and evidence to prove that a defendant could not appear at a court hearing. Some examples include:

• Medical emergencies, perhaps as a result of hospitalization that is related to the reason why the defendant was arrested in the first place. For example, they could be wrongly accused of their involvement in a car accident. This may require assistance from a Las Vegas personal injury lawyer who will provide evidence to the courts that their client could not appear at the hearing due to latent injuries.
• Sudden loss of a loved one or family member around the time of the hearing, especially if it impacts the defendant’s ability to attend court or carry out parental responsibilities.
• Natural disasters and severe weather could physically prevent the defendant from appearing in court.
• Being in custody in another jurisdiction at the time of the hearing through no fault of the defendant.
• Transportation issues, such as unforeseen car breakdown issues or public transportation failures. However, it’s likely that the defendant will need to prove that they tried to find alternative means of transportation.
• Lack of notice if there was an administrative or communication error by the court or law enforcement agencies.