What does defendant status forfeit mean

The bail bondsman or bondswoman must then pay the outstanding bail. Depending on the amount of money owed, those bondsmen may seek out the defendant and return them to the courts. Sometimes, they hire bounty hunters or they may look for the person on their own. PracticePanther is the best law practice management software out there.

In criminal cases bail bond forfeiture arises when a defendant, whose appearance in court has been guaranteed by the posting of a bond, fails to appear. In civil cases forfeiture of bond is the deprivation or destruction of a right as the consequence of the non performance of some obligation or condition.

If a defendant released on a bond subsequently misses his or her court date, the judge can order a bond forfeiture hearing. During the hearing, the judge will determine whether the defendant had a good reason for failing to appear in court.

If the defendant cannot be located by that date, the court will move forward with bond forfeiture. If a defendant has put up collateral to secure a bond, the collateral can be sold to obtain cash to pay the bond once a bond forfeiture has been ordered.

Forfeiture is appropriate for violation of a release condition only if the parties have agreed to the condition. Thus, forfeiture would not be appropriate for breach of a condition imposed by the court without notice. Another area where people will be spending their money is for bail. The amount set for bail is often very high and can be extremely difficult to pay for a lot of people.

Bail bondsman rarely have to pay out the full bail up front as a private individual would have to, but they are still held responsible for it, should the bail be forfeit. Courts are often and regularly forgiving of defendants who miss their court dates, as there is an understanding that accidents do happen and everyone makes mistakes from time to time, as long as the defendant was prompt after realizing their mistake and has a valid reason for being absent.

There are various rules that are involved between both the defendant as well as the bondsman who paid the bail.

September 1, Acts , 80th Leg. A citation to a defendant who posted a cash bond shall be served to the defendant at the address shown on the face of the bond or the last known address of the defendant.

Added by Acts , 80th Leg. A citation shall be sufficient if it be in the form provided for citations in civil cases in such court; provided, however, that a copy of the judgment of forfeiture entered by the court, a copy of the forfeited bond, and a copy of any power of attorney attached to the forfeited bond shall be attached to the citation and the citation shall notify the parties cited to appear and show cause why the judgment of forfeiture should not be made final.

If service of citation is not waived under Article It shall not be necessary to give notice to the defendant unless he has furnished his address on the bond, in which event notice to the defendant shall be deposited in the United States mail directed to the defendant at the address shown on the bond or the last known address of the defendant.

Where the surety is a nonresident of the State, or where he is a transient person, or where his residence is unknown, the district or county attorney may, upon application in writing to the county clerk, stating the facts, obtain a citation to be served by publication; and the same shall be served by a publication and returned as in civil actions.

When service of citation is made by publication, the county in which the forfeiture has been taken shall pay the costs thereof, to be taxed as costs in the case.

Service of a certified copy of the citation upon any absent or non-resident surety may be made outside of the limits of this State by any person competent to make oath of the fact; and the affidavit of such person, stating the facts of such service, shall be a sufficient return. If the surety is dead at the time the forfeiture is taken, the forfeiture shall nevertheless be valid.