Bail guarantees that a defendant will return to court for scheduled proceedings after being released pending trial. If a defendant cannot afford to pay the full bail amount, they can seek the services of a surety company. In this case, the defendant pays the bail bondsman 10% of the total bail amount in exchange for the bail bond.
The surety company takes responsibility for ensuring that the defendant returns for trial. If a defendant misses a court appearance or violates the terms of their bail, the company must pay the full amount to the court. Resumption of liability is the process that allows you to reinstate your bail bond after a failure to appear in court.
The process of resumption of liability is lengthy and complex. It involves contacting the surety bonds company that posted your bail, requesting reinstatement, and paying the associated fees. By following these steps, you can avoid further legal trouble.
An Overview of Bail Resumption of Liability in California
If a defendant skips a court date, the bail bonds company becomes liable for the entire bail amount in a forfeiture. The court can issue a bench warrant, resulting in the defendant’s arrest and detention after the bail violation.
After the forfeiture, the bail bonds company can resume liability for the bond. The company will work with a bounty hunter to locate the defendants and return them to court. Additionally, it can negotiate with the court to reinstate the bond. A bail bond reinstatement allows the defendant to remain free and to appear in court under the bond’s terms.
If the bail bonds company resumes liability to the bond, they may avoid paying the entire bail amount to the court. Instead, the defendant has another chance to follow their obligations, and the bond stays in effect. After the bail resumption of liability, the surety company can impose additional conditions on the defendant.
These include additional fees, more stringent monitoring, and regular check-ins. Resumption of liability allows the bail bonds company to regain control of the situation and mitigates the financial risk associated with a defendant’s failure to appear.
Process of Reinstating a Bail Bond in California
You must appear in court on the scheduled date when you secure a release on bail in California. However, life can take unexpected turns, resulting in circumstances that could prevent you from appearing as required. Missing a court date while out on bail is serious and can result in a bail bond forfeiture.
In case of a forfeiture, the surety company that posted your bail will shoulder the liability of paying the full bail. If you are in this predicament, you must seek a resumption of liability to prevent the court from taking action against you.
Requesting a resumption of liability and reinstating a bail bond involves several steps. These steps ensure the bond remains active, allowing you to remain free while awaiting trial. They include:
Contact the Surety Bond Company That Posted Your Bail
The first step you should take after missing your court appearance is to contact the bail bonds company that posted the bail. Only the surety company that issued the original bond can help you reinstate it. You can obtain contact details for the bail bonds company in the agreement you signed when you sought their services.
The contact information should include the company’s phone number, email address, and the name of the bail bondsman you worked with. Delays may make the reinstatement process more difficult. Therefore, you must contact the company when you miss your court date.
Your bail bondsman may require you to provide the following details when seeking a resumption of liability for the bond:
- Your full name. Bail bond companies post bail for many defendants each day. Therefore, providing your name allows for easy identification.
- Your case number. A case number is associated with your legal case and helps the bail bonds company locate your case file.
- Your court date. You must provide the specific date you were scheduled to appear in court in your request for resumption of liability.
- Bail amount. The total amount of your bail, as documented in the original bail bond agreement, is essential to this process.
Having this information ready streamlines and speeds up the bail reinstatement process.
File the Resumption of Liability Petition in Court
With the help of your criminal defense attorney, the bail bondsman will file a petition for reinstatement of the bond in court. It involves filling out specific forms, signing them, and submitting them to the court. Presenting the forms, inform the court that you intend to reinstate your bail bond. There are several ways you can present the forms. They include:
- In person. You can take the notarized form to the court and submit it to the appropriate department.
- By mail. Some courts allow you to mail the completed form to them. When mailing this form, you must include a copy of your identification.
- By fax. Sometimes, courts will accept faxed documents. However, you should confirm with the court before using this method. It ensures no delays in submitting your resumption of liability form.
Pay Fees to the Bail Bonds Company
Some surety companies will charge you for a bail bond reinstatement. After filing the resumption of liability form with the court, you will pay any fees associated with the reinstatement. The amount you owe will depend on the terms of your original agreement.
Some bail bond companies may also charge extra fees for processing the resumption of liability forms and administrative costs. When you contact a surety company seeking a resumption of liability, you must inquire about any potential fees.
Reaffirm the Terms of the Bail Bond
After reinstating the bail bond, the defendant and the cosigner must reaffirm its terms. This includes agreeing to any new conditions the court or the bondsman sets. Sometimes, the judge may order additional monitoring, such as wearing an electronic ankle bracelet.
Factors Considered by the Court Before Reinstating Your Bail Bond
When a defendant fails to appear in court or violates the terms of their bail agreement, a court may forfeit the bail bond. Bail bond forfeiture is a serious action with consequences like further incarceration. However, a defendant may seek to reinstate the bond in certain circumstances.
The decision to reinstate a bail bond is at the court’s discretion. A judge considers several factors in making that determination. These factors balance the need to uphold the integrity of the court system and the potential fairness to the defendant. They include:
Reasons for Your Failure to Appear
The reason for skipping the scheduled court date is a critical factor the court evaluates when deciding to reinstate your bail bond. Skipping bail is serious. However, there are certain circumstances where you can explain your absence and have it considered by the court. In this case, you must have valid excuses supported by evidence.
Under these circumstances, you will request a new court date or provide proof of why you missed the scheduled one. Excuses for skipping bail that the court can consider to reinstate your bail bond include:
- Medical emergency or illness. You cannot leave the hospital confinement to attend a court date. You could explain the absence of hospitalization prevented you from attending the court date. However, you need a doctor’s note or medical records to support this claim.
- Car accidents or transportation issues. You can justify missing court if you are involved in a car accident or face an unexpected transportation issue. In this case, you will need evidence like police or insurance reports to corroborate the excuse.
- Family emergency. The court can consider a sudden family emergency, like the death of a close relative, a valid excuse for missing a court date. However, you must provide documentation or evidence, such as a death certificate, to support this excuse.
- Unforeseen circumstances. A communication mix-up and other unforeseen circumstances can be a valid defense for skipping a court date. Evidence that supports the excuse could include proof of an address change, failure to receive the notice, or incorrect information on court documents.
- Being incarcerated for another offense is sometimes a valid excuse for missing a court date. However, you must verify the facility where you were detained.
The court will scrutinize the circumstances surrounding the failure to appear and determine whether you made any effort to inform the court of the situation. If the failure to appear is due to willful negligence or intentional disregard of the court’s order, the court is less likely to reinstate the bond.
Your Criminal Record and Community Ties
Your criminal record and history of attending court hearings can influence the court’s decision. The court can reinstate the bond if you have a history of compliance with court orders. A history of attending court hearings and adhering to the terms of bail indicates your reliability.
Additionally, the court will consider the strength of your community ties. They include your employment status, family relationships, and social connections. Defendants with strong ties to the community are viewed as less of a flight risk. If you have a stable job or a family to care for, you can persuade the court to reinstate the bond.
Risk to Public Safety
The court will evaluate whether reinstating your bond would pose a significant risk to public safety. A judge will assess your criminal history and any potential threat to the community. If you are a danger to others, the court may decide reinstating the bond is inappropriate. In such cases, the reinstatement is denied to ensure the safety and well-being of the public.
Your Efforts to Rectify the Situation
After skipping the court date, a court may consider your efforts to correct the situation. Courts are more sympathetic toward defendants who take necessary steps to address the issue. Positive efforts include contacting the court, explaining your absence, and rescheduling the court date.
These actions show a willingness to follow the legal process. Similarly, surrendering to law enforcement after a failure to appear demonstrates accountability. It can encourage the court to reinstate the bond.
Recommendations from Bail Agents or Other Relevant Parties
Sometimes, bail bondsmen or other professionals involved in the bail process may recommend bail bond reinstatement to the court. Your bail bondsman may advocate for reinstatement. If they believe you are trustworthy. The court can consider such recommendations as part of its decision.
Your Willingness to Follow the Bail Bond Terms
The courts may also consider your willingness to follow the bail bond terms when reinstating the bail bond. Attending previous court hearings and avoiding additional charges could convince the court to reinstate the bond. The law does not require judges to rewrite bail, even if you meet all the requirements. However, defendants with clean records receive favorable outcomes when petitioning for a reinstatement.
Consequences of Failing to Reinstate Your Bail Bond
A bail resumption of liability allows for a reinstatement of the bail bond. Failure to reinstate your bail bond after a missed court date could result in the following consequences:
- Bail bond forfeiture. If you miss a court date or fail to meet the conditions of your bail bond, the court can forfeit it. This means that the surety bonds must pay the full bail amount to the court.
- Warrant for arrest. Failing to reinstate the bail bond often results in the court issuing a bench warrant. After an arrest for skipping bail, you could remain in detention until your case ends.
- Loss of collateral. If you secured the bail bond with collateral, the surety company may seize the collateral after the forfeiture. Under these circumstances, you will lose assets used as security for your bond.
- Increased bail amount. If you face an arrest after a missed court date, the court can set a higher bail amount. The increased bail amount reflects your high flight risk.
- Bond recovery. The surety bonds company may hire bounty hunters to locate and apprehend you if you do not seek a bail reinstatement. These agents use legal means to track and arrest you.
- Criminal charges. Sometimes, failing to reinstate the bail bond or follow court orders can result in additional criminal charges.
Legal Considerations for Reinstating a Bail Bond in California
You can reinstate a bail bond by requesting the surety company that posted the bail to assume liability. However, you must consider these legal limitations when seeking reinstatement:
- Time limitations. California allows up to 180 days from the time of forfeiture to reinstate a bail bond. You cannot reinstate the bond when this period elapses and the court forfeits the full amount. Therefore, you must contact the surety company immediately to speed up the process.
- Court’s discretion. The decision to reinstate a bail bond is up to the court. Judges may consider different factors in your case when deciding on reinstatement. Therefore, you must present convincing evidence to warrant the reinstatement.
- Bail bonds company policies. Each bail bond service has policies regarding reinstatement. Some bondsmen are more flexible than others. Whether or not the company will resume liability for the release depends on its relationship with the cosigner. Before hiring a surety company, you must discuss their specific procedures under these circumstances.
- Financial consequences. The court can forfeit the bail bond if you do not seek a reinstatement or follow the proper procedures. You cannot reinstate a forfeited bail. Therefore, you will shoulder the financial responsibility associated with a forfeited bond. They include losing collateral and paying additional fees for bounty hunting services.
What Happens if the Defendant Violates Bail Conditions After Reinstatement?
A reinstatement of your bail bond is a second chance to remain free while your case continues. When reinstating the bond, the court can impose stricter conditions for the release. A violation of these conditions or failure to appear in court will have serious consequences.
Common violations include committing additional crimes or failing to attend required court hearings. Under these circumstances, the court may revoke the bail entirely, which results in an arrest and detention. The co-signer or bondsman who provided the bond will shoulder the liability of paying the full bail amount.
Can the Court Reduce the Bail Amount After Resumption?
Yes. After resumption, the court can reduce the bail amount if the defendant demonstrates a valid reason. A change in circumstances, like new evidence in the case, can warrant the reduction.
Find a Competent Bail Bonds Service Near Me
Surety companies guarantee the defendant’s appearance after a release on bail. If the defendant violates the terms of their bail, such as missing a court date, the court can forfeit the bail bond. Under these circumstances, the surety bonds company might have to pay the full bail amount to the court.
An arrest and return to jail may accompany a bail bond forfeiture. However, you can seek a resumption of liability from your bail bonds service before the forfeiture. If the company agrees to resume liability, the court can reinstate your bail bond. When deciding on the reinstatement, the court will consider factors like your reason for skipping a court date and your criminal history.
Reinstating a bail bond allows the defendant to continue their legal proceedings outside jail. You will benefit from our top-notch services at Justice Bail Bonds if you seek expert bail bond services in Temecula, CA. Call us at 714-541-1155 today to discuss your bail needs.
