Thursday, March 7, 2019

Maricopa County Bail Bond Forfeiture

Bail Bond Forfeitures - Phoenix, Arizona

BOND FORFEITURE is something no one wants to experience and always takes people by surprise. Bond Forfeiture only occurs when the defendant has Failed to Comply with his Conditions of Release, or Failed to Appear (FTA) for a hearing. When there is an FTA the Judge will do two things:
1. Issue a warrant for the defendant's arrest. 2. Set a Bond Forfeiture hearing, aka, Order to Show Cause hearing. Forfeiture Hearings are commonly set about 30 days after the FTA, although, I have seen as little as two weeks notice. This date can sometimes be reset to a future date with Good Cause being demonstrated to the court. If the Defendant self-surrenders, or is put back in jail by the bail bond company prior to the Forfeiture Hearing, the court will generally exonerate some to all of the bond. The court has the legal right to forfeit the entire amount. If the defendant has not self-surrendered, or not been arrested by the bondsman by the Hearing date, the bond is generally forfeited in its entirety. If some or all of the bond has been forfeited, the County Attorney will prepare a Judgement, which when signed by the judge, requires full payment. The Judgement carries interest. If you bought your bond from a bondsman, you will be required to reimburse the agent for any loss or expense incurred. Upon payment of the agent's loss, your collateral will be returned.

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