Consequences of Missed Court Appearance: Do You Have to Pay Double the Bond Amount?
In situations where a friend places you as a co-signer for their bail but subsequently misses a court appearance, it's important to understand the legal and economic ramifications. This article aims to clarify the potential consequences, explaining what happens if the court issues a warrant for a friend's failure to appear (FTA) and the steps that may follow, including bond revocation and the need for a co-signer to pay the bond amount.
Understanding the Court Process After a Missed Court Appearance
When an individual is out on bond and misses a court appearance without notifying the bail bondsman, the court has the authority to issue an arrest warrant for the individual in question. If your friend is found in violation of this warrant, the court will prosecute for a failure to appear (FTA) which is a new charge. This charge is serious and can have lasting implications for the defendant's record.
The court sends a notice to the bail bonds company about the defendant's absence, and the company is required to pay the entire bond amount by a specific deadline, usually 10 days. If the company fails to pay, the defendant must be returned to jail. Any collateral provided by the co-signer is lost, and the bond process is terminated. The co-signer does not face the risk of paying an additional amount for both themselves and their friend.
Legal and Financial Implications
From a legal perspective, the primary responsibility for court appearances lies with the individual who is out on bond. As a co-signer, you do not have an obligation to ensure your friend attends court. Any concerns or questions about court proceedings or fines should be directed to the defendant and not to you. Financially, if the bail bonds company fails to meet their obligation, they are required to pay the full bond amount, not double the bond for both parties.
The bail bonds company will not seek additional payment from you, the co-signer. Any legal action or fines resulting from the FTA will be against the individual who is out on bond and not you. You are protected from the risk of providing unnecessary financial burden.
Collateral and the Bond Process
When someone is out on bond, various forms of collateral can be provided, such as property, cash, or a surety bond. If the defendant violates the terms of the bond by failing to appear in court, the collateral can be forfeited. This means that any property or cash provided as security may no longer be available to the co-signer. The bond company is responsible for ensuring the appearance is made; if they do not, the full bond amount must be paid.
Preventing Missed Court Appearances
To avoid such complications, it's crucial for all parties involved to stay informed about the court date. Co-signers should ensure that they have reliable communication with the defendant and keep track of important dates. Additionally, the defendant should inform the bail bondsman or co-signer in advance if they cannot attend the scheduled court date. Proper communication and planning can help prevent missed appearances and the associated legal and financial burdens.
Conclusion
When a friend misses a court appearance while out on bail, the court system will issue a warrant for the FTA, and the bail bonds company is responsible for paying the full bond amount. As a co-signer, you do not face additional financial liabilities. It's in everyone's best interest to communicate effectively and ensure that all court dates are attended, thereby avoiding the need for bond revocation or additional payments.