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Bail allows a defendant to be released pending their court case, but if they fail to appear, the bond company or individual who posted the bond must pay. If collateral was posted, it may be sold to pay the bond. Bond companies may hire bounty hunters to find fleeing defendants. Missing a court date can result in jail time and additional charges.
In some countries, a criminal defendant is allowed to post bail in exchange for release while his or her court case is pending. A bond company or individual generally posts the bond and then agrees to pay a certain amount of money if the defendant fails to appear at an scheduled court date. Bond forfeiture occurs when the defendant fails to appear in court and the company or person that posted the bond must pay the defendant’s outstanding bond amount. A forfeited bond becomes the property of the jurisdiction overseeing the case and cannot be refunded.
If a defendant has been released on a bond and subsequently misses his or her court date, a judge usually orders a bond forfeiture hearing. During the hearing, the judge will decide whether or not the defendant had a good reason not to appear in court. If the judge determines that the defendant had no cause, he will usually issue an arrest warrant for the defendant. Typically, the judge also specifies that the defendant must be found by a certain date. If the defendant cannot be traced by that date, the court will proceed with the forfeiture of the bonds.
If a defendant has posted collateral to secure a bond, a bond company can sell the collateral in order to obtain cash to pay the bond once the bond is ordered to be forfeited. If the defendant’s family or friends have provided collateral, such as a mortgage or a car, they will likely lose those items as well. Additionally, the bond company may attempt to recover all costs associated with locating the defendant.
Bond companies suffer severe financial consequences when their clients fail to show up for scheduled hearings. If a bond is forfeited, a company must pay the cash value of the bond. As a result, bonding companies often hire people, referred to as bounty hunters or dupes, to find fleeing defendants. If a defendant is found, the company usually turns him over to the authorities. As long as the defendant can be found and returned to court custody before a bond forfeiture is finalized, a court generally will not require the company to pay the bond.
In addition to bail forfeiture, a defendant usually faces other consequences for missing a court date. Typically, once found, a fugitive defendant is immediately put in jail. The defendant may also be charged with the offense of jumping bail, which is a felony in many jurisdictions. If convicted, the defendant could eventually be sentenced to additional prison terms and ordered to pay steep fines.
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