What is Bail Forfeiture?

Forfeiting bail is not something you want to do if you have just been bailed out of jail. Also known as bail forfeiture, failing to appear for court is a violation, and one that comes with additional penalties. Continue below to learn what you need to know about FTA’s and forfeiting bail, including how to resolve the mistake of missing court after bailing out of jail.

Bail Bondsman Marion County Indiana 317-876-9600
Bail Bondsman Marion County Indiana 317-876-9600

Do Not Miss Court After an Arrest

Whether you use a bail bond to get out of jail or paid the jail directly, you do not want to miss your court date. Failing to appear for court, also known as an FTA, is a violation of your bail agreement. When you post bail, you are agreeing to appear for court in return for being released in the meantime. So, when you do not show up for your court date, you have welshed on your promise to the jail, court, and bail bondsman.

Penalties for Failing to Appear (FTA)

The first penalty you can expect from failing to appear for court is bail forfeiture. This means that you forfeit your bail privileges and must return to jail while awaiting your upcoming, scheduled court hearings. Generally, an arrest warrant is issued for an absent defendant. The defendant is required to turn themselves into authorities at the local jail to resolve their legal matters. Additionally, FTAs cause defendants to forfeit their bail money. This can happen in more than one way depending on the method used to bail out of jail.

Failing to Appear on a Bail Bond

If a person hires a bail bondsman to get them out of jail, they pay only a fraction of their bail premium. The bail bondsman covers the rest. When the person appears for court, the bail bondsman gets their money back. If the person fails to show up for court, they are legally responsible for paying back the money fronted by the bail bondsman, and in full. For example, if a defendant’s bail is set at $5000 and the bail agent charges a 10% fee, the defendant will pay $500 for bail bond services. But if they fail to appear for court, they must pay back the remaining $4500 in cash or collateral.

FTA’s and Cash Bonds

If a person foregoes the opportunity to hire a bail bondsman and instead pays the jail directly using a cash bond, they will have to pay for their entire bail premium out of their own pocket. Using the example above, this means the defendant would pay $5000 in cash or collateral to the jail. Once they appear for court, they will receive this money back in full. However, if they do not show up for court, they forfeit this money and do not get it back. Now that’s a serious consequence.

Criminal Penalties for FTAs

There are also potential criminal penalties for failing to appear for court after being bailed out of jail. These penalties differ among jurisdiction, but primarily involve fines and court ordered community service. It might also include jail time or additional misdemeanor charges.

Are you looking for a local bail bond company in Marion County that can get you or your loved one, out of jail faster than all the rest? Contact Woods Bail Bonds at 317-876-9600 for fast and secure bail bond service in Indianapolis, Indiana and its surrounding counties.

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