What happens if the defendant doesn’t show up for their court date

The first thing that will happen is the judge will order a warrant for their arrest and a forfeiture of the bond. This means that the full amount of the bond will be due to the court. Example would be if you had a $20,000.00 bond even though you may have paid less than $ 2000.00 for the premium for the bond now the entire $ 20,000.00 will be owed by the defendant and the cosigners in addition to the premium already paid.

Now there are exceptions to this and first off it would depend first on whether the failure to appear was an accident vs the defendant skipping out.

Example # 1 would be if they had a flat tire or something accidental and they immediately called the bond company and explained. This can normally be corrected by the bail bondsman with the court by executing a reassumption of the bond. This would give the defendant a new court date and get them back on track. However there are times when the bond amount may be increased by the court at this time costing the client more in premium and the bail agent to write another bond.

Example # 2 would be if the defendant decided they were just not going to go to court. The bail company would be forced to hire investigators/ bounty hunters to find the defendant. The cosigners and defendant would be responsible for the cost of this. The faster the defendant turned themselves in or was located the less the investigation and recover fee owed would be so long as it was prior to the cashing of the bond by the court.

Example # 3 should the defendant not be located in a timely manner the court will cash the bond, the investigation and bond amount would be owed by defendant and cosigners.

For concerned cosigners the bottom line is that most mistakes can be corrected. The cosigner is in good shape so long as the defendant goes to court and does not skip out of town.


Posted on August 4, 2014, in Uncategorized and tagged , , , , , , . Bookmark the permalink. Leave a comment.

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