Bail Forfeiture In Washington

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Description

A bail bond is a bond provided by an insurance company through a bail bondsman acting as agent for the company, to allow an accused defendant to be released before trial. A bail bond is designed to ensure the appearance of the defendant in court at the scheduled time. Prior to the posting of a bail bond, the defendant or a co-signer must guarantee that they will pay the full amount of bail if the defendant does not appear in court. The bail bond company usually charges 10 percent of the amount of the bond and often requires the defendant to put up some collateral like a seconded of trust or mortgage on one's house.


When the case is concluded, the bail bond is "exonerated" and returned to the insurance company. If the defendant disappears and fails to appearing court (skips bail), the bond money will be forfeited unless the defendants found and returned. The bond may be forfeited, by order of the court, upon the partys failure to appear or to comply with the conditions of the bond. If the defendant is located and arrested by the bail agent the cosigner is responsible for all expenses the bail agent incurs while looking for the defendant.

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FAQ

The legal implications of bail bond forfeiture can be severe. Beyond the financial loss, the defendant may face additional charges for failing to appear in court, complicating their legal situation.

In some states and certain counties in California, bail forfeiture can be used as both a means to be released from jail and to close a case. Bail forfeitable offenses are typically misdemeanors such as traffic violations.

In California, if you are a co-signer and you wish to revoke a bail bond, you will need to contact the bail bond agency and explain the situation. You will need to liaise with the bail bond company and ensure that the relevant courts are aware of the changes to make the decision official.

A bond forfeiture occurs when a person is required to show up for court on either a personal bond or a surety bond, and they fail to show up for that court date. Some judges will give a bit of leeway, especially if that person has an attorney who can argue for them as to why they were not able to make it.

If Your Bond is Revoked, Can You Get Another One? In some cases, it is possible to secure a new bond after revocation, but it is not guaranteed and often comes with additional challenges: Appealing the Revocation – Defendants can appeal the bond revocation in court.

If you start communication with both your bondsman and the court as soon as possible, your court date will, in most cases, be reset, and the forfeiture of your bond will be recalled. However, if you do not get back in touch with your bondsman or the courts, the warrant for your arrest will remain active.

In certain circumstances, a bond forfeiture can be reversed. However, this is typically only possible if the defendant can provide a valid reason for their failure to comply with the conditions of their release, such as a medical emergency or other extenuating circumstances.

The immediate consequence of bail bond forfeiture is the loss of the bail amount, which can be financially devastating. This financial penalty is intended to reinforce the importance of court appearances.

More info

By this procedure, you do not have to admit guilt, but you will agree to pay the amount designated as "BAIL", and forfeit (let the Court keep) the bail. BF. Bail Forfeiture This transaction type is used to apply forfeited bail to a case.The court holds this money until the court hearing. If the defendant fails to attend a court date, they forfeit the money and may be sent back to jail. 1. Applicable Statutes. Bail bond agents seeking to obtain a satisfaction of judgment or request the return of a forfeited bond are invited to use the following sample pleadings. The bail agent guarantees to the court that they will pay the bond forfeiture if a defendant fails to appear for their scheduled court appearances. Any motion to reconsider a decision involving forfeiture of bail shall be filed within 10 days from the date of the decision in the Sunnyside Municipal Court. What is the difference between bail and bond in Washington State? But Washington does not treat cash bail and bail bonds similarly in the context of forfeiture.

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Bail Forfeiture In Washington