A bond forfeiture is a hearing to determine whether a defendant is legally mandated to forfeit property or monies used as collateral to bond out of jail, notes USLegal. If forfeited, the assets used for bond become the property of the local jurisdiction prosecuting the defendant.
A bond forfeiture hearing occurs after a defendant fails to attend a court date or violates a condition of his release. At this hearing, the judge must determine whether the defendant had a valid reason or extenuating circumstance that prevented him from being present for his court date or adhering to the conditions of his release, according to USLegal. If this cannot be determined in court, the judge enters a warrant for the defendant's arrest.
If the court is unable to locate and incarcerate the defendant in a specified amount of time, a bond forfeiture hearing is scheduled. Forfeiture only applies to the violation of a condition of release if both parties agreed to it when the bond was established, reports USLegal. Forfeiture does not apply if a situation occurs that is beyond the defendant's control, such as a condition of release or a court date for which he was not given notice to appear.Learn More
Bail money is returned to the payer when the defendant has satisfied his legal requirements to the court, according to the Legal Aid Society. Failing to appear in court or fulfill other court requirements delays the return of bail money.Full Answer >
Unsecured bail is a type of bond in which the defendant contracts to appear before the court on a specified date and promises to pay the bail amount later if he fails to appear, states US Legal. An unsecured bail is not protected by a lien on property or deposit.Full Answer >
Bail is a legal mechanism that allows people who are accused of a crime to remain free pending trial. According to HowStuffWorks, bail takes many forms, but it usually requires that the accused, or another person acting as the accused's agent, post a sum of money as a guarantee that the defendant appears in court on the appointed date.Full Answer >
The San Joaquin County Jail is located in French Camp, California at 999 West Matthews Road. As of 2014, the phone number for the Custody Division within the Sheriff's Office for visitors is (209) 468-4384.Full Answer >