Bond Forfeiture and the Consequences of Skipping Court
Introduction
The bail bond system is designed to ensure that defendants return to court for their scheduled hearings. However, what happens when a defendant skips their court date and forfeits their bond? This article delves into the legal procedures, actions taken by law enforcement, the court system, and the bail bondsmen in such scenarios.
Consequences of Skipping Court
When a person who is on bond fails to appear (FTA) for their court date, the money paid for the bond may not go to the municipality as one might initially think. Instead, the court system, law enforcement, and bail bondsmen work together to ensure that the defendant is returned to court.
The overarching purpose of this system is not to collect money for government treasuries but to get the defendant back in court. This involves several coordinated actions that can lead to significant consequences for the individual who skipped their court date.
Actions Taken by Different Parties
Law Enforcement
Law enforcement agencies play a crucial role in securing the re-appearance of defendants. They work with the court to obtain warrants for arrest, utilizing nationwide databases and information networks to track down the fugitive.
The Court System
The court system issues warrants and works with local and state law enforcement to locate the defendant. The process can be lengthy as the court prioritizes returning the defendant to court rather than collecting money for the government treasury.
Bail Bondsmen
Bail bondsmen are essential in this system. They take action to protect their large investments. Even minor actions such as breaking and entering to retrieve a fugitive are often overlooked in this context. Bond agents may use information, voluntary or coerced, to track down the individual, and deploy various means to achieve this, including non-lethal weapons and surveillance teams.
In a $100,000 bond situation, substantial private funds may be spent to track down the fugitive. This is in addition to the efforts made by law enforcement.
Legal Procedures
When a defendant does not appear in court, a warrant is typically signed by the judge. The money paid for the bond, whether secured by collateral or unsecured, is forfeited. For secured bonds, the court retains the right to take the collateral. For unsecured bonds, the individual must pay the full bond amount.
For example, if someone is out on a $50,000 unsecured bond, they must pay the full amount if they fail to appear. If the bond was posted using a bail bondsman, the bondsman will likely foreclose on the collateral, which may include assets such as the individual's mother's house, to recoup their fees and the full bond amount.
Conclusion
Skipping a court date with a bond in place can lead to significant legal and financial consequences. It is crucial to appear in court as scheduled to avoid the forfeiture of your bond and the potential for law enforcement action to bring you back to court. Understanding these procedures and their implications can help ensure compliance and avoid unwanted outcomes.