What Happens If Your Bond is Forfeited?
If your bond is forfeited because you failed to comply with a condition of bond, the judge usually issues a bench warrant. A bench warrant, which is a combination of a court order and an arrest warrant, isn’t subject to the statute of limitations.
So, it’s valid until served, and bench warrants are always served eventually. When judges issue them, they go into the law enforcement database. So, at the next law enforcement contact, such as a speeding ticket on the way to work or while picking up kids from school, the defendant goes to jail.
As outlined below, only a Tampa criminal defense lawyer reduces or eliminates the harsh consequences of bond forfeiture. A Tampa criminal defense lawyer also goes one step further and resists the criminal charges in court. No bail bondsman can do that.
What Causes Bond Forfeiture?
Failing to appear at a required court hearing is the most common cause of bond forfeiture. Frequently, people don’t understand this condition. Some courts require defendants on bond to appear at pretrial procedural hearings and some don’t. So, “skipping bail” means different things in different courts.
If a defendant misses a required procedural hearing, a Tampa criminal defense lawyer can usually reschedule that hearing before the court officially issues the aforementioned bench warrant. If a defendant doesn’t appear for a bench or jury trial, however, a bench warrant is usually inevitable.
Technical violations could also cause bond forfeiture, especially in Florida. Technical conditions of jail release vary, but often include:
- Avoiding further trouble with the law,
- Remaining in the county,
- Reporting to a supervision officer,
- Paying child support and other FSOs (family support obligations), and
- Informing the court of any address changes.
Most bonds also include offense-specific conditions, such as a keep-away order in a domestic battery matter or an IID (ignition interlock device) requirement in a DUI case.
If a defendant violates a technical condition, except for catching a new case, a Tampa criminal defense lawyer usually ensures that the defendant gets a second chance to make things right before the court issues a bench warrant.
Incidentally, this same process applies to other forms of pretrial release, such as posting a cash bond or OR (own recognizance) pretrial release.
Avoiding Harsh Consequences
Avoiding the harsh consequences of bond forfeiture and a bench warrant is usually a two-step process. First, defendants must arrange for another bond in advance. Then, they must surrender themselves.
Defendants who skip bail or violate technical conditions usually wind up on the naughty list among bonding companies. Sometimes, a lawyer doubles as a bondsman for clients, especially in misdemeanor cases. In other cases, a second bond will probably cost more than a first bond. Additionally, if the defendant forfeits OR bond, another one is probably unavailable.
Arranging for bond in advance streamlines the self-surrender process. Most defendants should surrender themselves at central county jails, not satellite city jails. The best time to do so is in the middle of the week and in the middle of the day, when these facilities aren’t as busy.
In many cases, surrendering defendants never make it past the holding cell. It takes a couple of hours to process paperwork. Then, the sheriff releases the defendant.
Connect With a Tough-Minded Hillsborough County Attorney
A criminal charge is not the same thing as a criminal conviction. For a confidential consultation with an experienced criminal defense lawyer in Tampa, contact the OA Law Firm. Virtual, home, and jail visits are available.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0900-0999/0903/Sections/0903.26.html
