What Is a Forfeiture?

In terms of bail bonds, a "forfeiture" is the surrender of money or property that is required as a result of a defendant not showing up for his or her assigned court dates. When a bail bond is posted by a bail bonds agency, it is that agency that is then required to pay up if the defendant fails to appear in court. If the arrested individual fails to show up in court, the bail bonds agency typically has the right to directly arrest the person and take him or her to court. If this is not done in time and a forfeiture occurs, the bail bonds agency will usually be entitled to keep collateral that was submitted by the bail bond applicant, who is typically a family member of the arrested individual.

The state of Florida provides a 60-day grace period, according to the 2013 Florida Statutes §903.26(5). This means that it may be possible to get the forfeiture cancelled if one of the following occurs during the 60-day period: 1) it is determined that the defendant was not able to appear for reasons that were out of his or her control, 2) it is determined that the defendant was insane and confined (either in a hospital, jail or prison) on his or her scheduled court date, or 3) the defendant turns himself or herself in or is arrested (only if the defendant's absence has not prevented proper prosecution of the defendant).

Obviously, the best thing for all parties is for the defendant to show up to court when his or her presence is required. This not only helps the bail bonds agency prevent losses, but it also helps the defendant or the defendant's loved ones avoid loss or money or property. The defendant should also keep in mind that failing to show up to court can simply worsen the criminal repercussions he or she is facing. If you want to learn more about the bail bonds process, contact a licensed professional from our team at 365 Bail Bonds. We can get you signed up for a free consultation!