Learning that a loved one has been arrested for committing a crime in California is a traumatizing experience. If you do not want to secure their release while their criminal case proceedings continue, you can post their bail. Bail is not a punishment for a defendant's crimes.

If you post a cash, property, or bail bond for a loved one or friend, there is the likelihood that the defendant does not attend the court proceedings. Therefore, you are responsible for ensuring that the defendant remains in the jurisdiction and is present for trial. Mostly, the court will forfeit the bail, causing you to lose the money you paid when the defendant skips bail.

However, the steps taken from the defendant's failure to appear to forfeiting the bail could vary based on the type of bail release you secured. For more information on bail forfeiture and how it will impact you, you should speak with a seasoned Palm Desert bail bondsman.

What Happens When a Defendant Doesn’t Appear in Court After Posting Bond?

Posting bail to secure a release pending trial assures the court that the defendant will return for trial and other scheduled proceedings. Although the consequence of failing to appear for the proceedings is forfeiture of the bail money, the process of forfeiture depend on the type of bail used to secure the release.

Failure to Appear after a Cash Bail

Posting cash bail is the easiest and fastest way to secure a loved one’s release from jail. Often, this type of bail does not require third-party intervention. As long as you can present the full bail amount to the court clerk, your loved one will be released from jail.

Although posting cash bail offers many benefits, there is a significant risk of losing the bail money when the defendant does not appear for trial and other scheduled court proceedings. A cash bond is forfeited after thirty days of the defendant’s failure to show up for court proceedings.

This means that you cannot recover the money you posted with the court for a release. A cash bond forfeiture can cause immense loss for you. After the money is forfeited, the court will issue a bench warrant for the arrest and detention of the defendant.

Failure to Appear after a Property Bond

If you do not have enough money for a cash bond, California courts allow you to present property in exchange for a loved one’s release from jail. The most commonly presented property for bonds includes real estate and valuable vehicles. Often, the court will place stipulations on the value and ownership of the property, which is acceptable for bond.

When you present a property bond, the court will place a lien over the property and can lift it when the defendant appears for trial, and the case ends. However, if the defendant skips bail, the court cannot lift this lien. Instead, the property is to be auctioned, allowing the court to recover the bail money.

Failure to Appear after a Bail Bond

Posting a bail bond is common for defendants and families who lack the financial capacity to post a cash or property bond. You will be a co-signer for their release when you seek a bail bond for a loved one or friend. As a co-signer, you will enter into a bail bond agreement where you take on the financial responsibility of the bail bond.

This means that you will pay for the bail bond premium and provide collateral to the Palm Desert bail bonds company. In exchange, the surety company will post the full bail amount for your loved one and secure their release. Like other forms of bail, the court can forfeit a bail bond when a defendant violates bail conditions or fails to show up for court proceedings.

Bail forfeiture follows a different procedure when a defendant skips bail after posting a bail bond. After the defendant fails to show up in court, the court will notify the defendant and the surety company of their intent to forfeit the bail bond. The notice must be served within twenty-eight days.

The defendant or surety company can respond to the court clerk, indicating why the bond should not be forfeited. If the reasons given in this response are not valid, the court will schedule a bail forfeiture hearing. This hearing is held within 90 days from the date when the judge issues a forfeiture order.

Bail Bond Forfeiture Hearing

When you post a bail bond for a loved one and they fail to appear in court for trial, the bail bond will not be forfeited automatically. If the defendant or the bail bonds company gives a timely response to the court's forfeiture order, a forfeiture can be avoided.

The following are some of the arguments that can convince the court to set aside the forfeiture order:

  • The Defendant was Hospitalized

While the requirement to appear in court after a bail hearing is mandatory, the court is lenient on defendants suffering from severe medical conditions. The court will not expect the defendant to leave their hospital bed to attend a court hearing. Therefore, if your loved one was in the hospital due to an illness or nursing injuries, the court will not forfeit the bail bond. However, the defendant must present sufficient evidence to assert this argument.

  • The Defendant Was Incarcerated

The court orders defendants to avoid criminal activity while out on bail. However, some defendants still violate this order and end up in jail. If they are in jail on the hearing date, they may not be able to attend. Proving that a defendant was in jail may help them avoid bail forfeiture. However, they may still lose the bail money for violating the bail conditions.

  • The Defendant is Deceased

If you post bail for a loved one or friend and they die before their trial, they will not be able to attend the court hearing. When the court sends out an order of forfeiture, the surety company can respond to it and inform the court that the defendant is deceased. In this case, the Palm Desert bail bonds company will recover the money they used for the bond.

In return, the company will return the item they took from you as collateral for the bail bond. Additionally, the bail bond agreement will be terminated, and you will no longer be tied to the bail bond obligations.

  • Lack of Hearing Notification

You cannot be held liable for skipping bail if the court does not send you a notification for the hearing. However, this argument will only be valid for your bail forfeiture hearing if the court does not send the order. If your failure to attend the hearing was a result of changes in address or other personal reasons, the court could proceed with bail forfeiture.

Role of Bounty Hunters

When a defendant does not appear in court after you have posted their bail bond, the court will allow the Palm Desert bail bonds company to find them and return them to court before forfeiting the bail.

Bail bondsmen are often busy in courts posting bail for new defendants and guiding defendants after a release. Therefore, they will not have time to find defendants who skip bail. Instead, they will hire bounty hunters to track down the defendants.

A bounty hunter or bail enforcement officer is a professional hired by a surety company to apprehend a defendant who fails to honor the bail bond agreement. The primary role of the bounty hunters is to locate, arrest, and bring the defendant back to court and ensure that the company does not lose its money in a forfeiture.

Bounty hunters are licensed, which authorizes them to perform their duties. However, they must follow strict ethical and legal standards when handling defendants.

Under California law, bounty hunters can:

Perform a Background Check on the Defendant

Using their law enforcement background, the bounty hunters can perform a background check on the defendant. By checking through their records, they could find the defendant's address to determine where they could be hiding after skipping bail.

Carry Firearms

A defendant who skips bail to avoid the consequences of their crimes is considered a threat to the safety of other individuals. Since the law cannot predict how the defendant will react to the bounty hunters' attempts to detain them, the bail enforcement agents are legally allowed to carry firearms. These firearms must have the necessary permits, and the carrier must undergo and pass a firearm training program.

Arrest the Defendant and Take them to Jail

Bounty hunters in California can legally arrest your loved one or friend if they skip bail or fail to appear in court for scheduled appointments. Arresting a defendant in this case involves detaining them and taking them back to court.

Enter The Defendant’s Property

A bounty hunter can enter a defendant’s property to apprehend them after they skip bail. However, before entering personal property, the bail enforcement officer must have a valid search warrant from the court or consent from the property owner.

Use Reasonable Force

A bounty hunter can apprehend and detain a defendant. However, they must use force that is reasonable under the circumstances. Using excessive force that is not geared toward self-defense can cause serious legal trouble for the bounty hunter.

Consequences for the Defendant After Skipping Bail

In addition to causing you to lose money for failure to appear for trial, a defendant will face personal consequences. The requirement to appear for trial and other proceedings under a court order must be followed. Therefore, if the defendant does not show up as scheduled, they are considered to be in contempt of the court.

Therefore, the court will issue a bench warrant to arrest the defendant. With this arrest, the defendant may not have the chance to secure a bail release. Instead, they will be detained until their case ends. Failure to appear in court after a bail release is a crime, which will result in additional charges for the defendants.

Another way in which the failure to appear can affect your loved one is that their record will be tainted. This could cause the court to set high bail amounts for subsequent arrests due to their high flight risk. Additionally, surety companies may be more reluctant to offer their services to the defendant. The best thing a defendant can do to avoid these consequences is to show up in court after a bail release. If there are unavoidable circumstances that make it challenging for the defendant to go to court as scheduled, you must contact your Palm Desert bail bondsman for expert guidance.

What Happens to Bail Bond Collateral When the Defendant Skips Bail?

When you co-sign a bail bond for a loved one or friend, your Palm Desert bail bonds company may order that you provide collateral. Collateral, in this case, could be real estate, vehicles, or valuable jewelry.

The surety company requests collateral to ensure that it does not lose the money posted for your loved one's bail. If a defendant does not show up in court as scheduled and the court forfeits the bail bond, the collateral you presented is seized and sold to recover the bail amount.

Find a Competent Palm Desert Bail Bonds Company Near Me

Bail works to discourage defendants from fleeing after a release with a pending criminal case. The money paid for bail is recoverable when the case ends. The outcome of a criminal case will not affect your ability to recover the bond money.

However, you could lose the bond money in a forfeiture if the defendant fails to show up for scheduled court proceedings and trial. The exact way in which the court handles the forfeiture will depend on the type of bond you put up for your loved one or friend.

With cash bail, the bail money may be lost immediately if the defendant does not show up in court proceedings. In bail bond cases, the court will allow the Palm Desert bail bondsman to find the defendant and return them to court before taking proactive measures. If you or a loved one seeks a bail bond release, you will benefit from the financial assistance and expert guidance we offer at Fausto Bail Bonds. Call us at 855-328-7867 to discuss your bail needs.