Feb 12, 2018

When a defendant does not show up for court, who loses?

Besides the bail company, you. Humboldt already has an issue with failures to appear and bench warrants being issued, California's recent bail changes won't help.




According to Steve Payton, owner of Bill Davidson Bail Bonds:

1. When a defendant fails to appear, the bail bondsman and his insurance company are notified.

2. The court allows the bail bondsman time to either reinstate the bond or return the defendant to jail.

3. If the bail bondsman is unable to find the defendant in the time allowed by the court, the bail bondsman MUST pay the full amount of the bond to the court, usually many thousand of dollars.


4. The bail bondsman or his insurance company may hire a fugitive recovery agent, better known as a bounty hunter  to find the defendant.

5. Most bail bond companies will require collateral to be posted to protect them from any claims that will cost the bail bond company in case the defendant fails to appear.

6. This collateral is either sold or forfeited to reimburse the bail bondsman for his loss, just as an insurance company will raise your premiums if you are in an accident and it's your fault.  In most cases, the bail bondsman will lose in the end. 

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