What is Bail Forfeiture
What is bail forfeiture you ask? Bail forfeiture is when the bail is released to the court without the possibility of future repayment. It means if you’ve paid bail, you won’t be receiving your posted bail money.
Most misdemeanors and non-violent crimes, the accused person can post bail. This payment helps guarantee that the arrested person will show up for future court dates as their case is considered and decided, but if they don’t show to court, this is a bail forfeiture and will land them back in jail on an FTA charge.
Involuntary vs. Voluntary Bail Forfeiture
Involuntary bail forfeiture (or bail withdrawal) happens when a defendant fails to appear at court after being released from custody. Unless they have a good reason for missing their scheduled court appearance, they lose their bail money.
When a defendant fails to appear in court a bench warrant for their arrest is issued, the bond is then “forfeited”. If a bench warrant is issued for a “Failure to Appear” a new bail amount will need to be issued in order for the defendant to be released from jail. Failure to Appear (FTA) bonds are typically harder to get if a defendant has skipped as some bail agencies may refuse to bond someone out who has skipped bail before.
Why Bail Forfeiture is Bad for a Defendant
The problem with an FTA bond is that most bail bonds companies won’t write the bond as the defendant has skipped before. Cosignors may call around to bondsmen near them only to discover that when they tell the bondsman the charge, FTA, most professional bail companies will decline to write the bond.
If the defendant failed to appear on another bail company bond, what’s to stop them from running again? This type of defendant is a proven risk. While bail bonds is insurance, and insurance is risk – an FTA forfeiture is a sure sign it’s a bad risk.
Why Using A Bail Bondsman is Better than Paying the Courts
Those states that do allow a defendant to voluntarily release the bail they paid in order to cover their legal fees, court costs or any other fines that come up in the course of their case, this is how bail works. However, this money can only be used to cover court fees and fines and cannot be applied toward payments to a victim. If the bond was forfeited, the cash bail posted goes directly to the state and the defendant is entitles to nothing.
| Alabama |
28 days | ||||
| § 15-13-132 | |||||
| § 15-13-139 | X | ||||
| § 15-13-141 | X | ||||
| Alaska R RCRP Rule 41 | 30 days | If failure to appear was not willful | X | ||
| Arizona | No Statute Found | ||||
| Arkansas | 120 days | ||||
| § 16-84-201 | X See: § 17-19-112& A.C.A. § 16-84-207 | ||||
| § 16-84-203 | Absences due to physical or mental disability; Detained Elsewhere. | ||||
| California § 1305 | 30 Days | Death, Illness, Insanity; Detained Elsewhere. | |||
| Colorado § 16-4-112 | 14 Days | Detained Elsewhere | X | X | |
| Connecticut | |||||
| § 54-65a | 6 Months | ||||
| § 54-74 | X | ||||
| § 29-147a | X | ||||
| Delaware Supreme Court Rule 32 | X | ||||
| Florida | |||||
| § 903.26 | 60 Days | Deemed insane and confined in an institution or hospital; Detained Elsewhere. | |||
| § 903.28 | X | ||||
| § 648.45 | X | ||||
| Georgia | |||||
| § 17‐6‐70 § 17–6–72 | 72 hours | Mental or Physical Disability; Detained Elsewhere; Deported. | X | ||
| Hawaii § 804–51 | 30 Days | ||||
| Idaho § 19–2915 § 19–2918 | 180 Days | X | |||
| Illinois | NO COMMERCIAL BAIL BONDS SYSTEM | ||||
| Indiana § 27‐10‐2‐12 | 365 days | Death or Illness; Detained Elsewhere | X | ||
| Iowa § 811.6 | 10 Days | X | |||
| Kansas § 22‐2807 | 60 Days | Detained Elsewhere | X | ||
| Kentucky | NO COMMERCIAL BAIL BONDS SYSTEM | ||||
| Louisiana § 15:85 | 210 days for under $50,000; 400 days for bonds over $50,000 | X | |||
| Maine Rules of Criminal Procedure, Rule 46 | 30 Days | X | |||
| Maryland MD Rules, Rule 4‐217 | 90 Days | Detained Elsewhere | X | X | |
| Massachusetts | |||||
| M.G.L.A. 276 § 70 | An act of God; an act of the government of the United States, of any state or by sentence of law. | ||||
| M.G.L.A. 276 § 69 | X | ||||
| M.G.L.A. 276 § 61B | X | ||||
| Michigan § 765.15 | 45 Days | X | |||
| Minnesota Gen.R.Prac., Rule 702 | 90 Days | X | |||
| § 629.59 | X | ||||
| Mississippi § 99–5–25 | 90 Days | Detained Elsewhere; Is hospitalized or in a recognized drug rehabilitation program; Has been placed in a witness protection program; Any other reason justifiable to the court | X | X | |
| Missouri | |||||
| § 374.763 | 6 months | ||||
| § 374.770 | Detained Elsewhere | ||||
| § 544.640 | X | ||||
| § 374.755 | X | ||||
| Montana § 46‐9‐503 | 90 Days | Death; Detained Elsewhere; Has been placed in court ordered treatment in other jurisdiction. | |||
| Nebraska § 29‐1109 | NO COMMERCIAL BAIL BONDS SYSTEM | ||||
| Nevada | 180 days | ||||
| § 178.508 | Death, Illness, Insanity; Detained Elsewhere; Deported. See also N.R.S. 178.512 | ||||
| § 178.509 | |||||
| § 178.516 | X | ||||
| New Hampshire § 597:30 § 598‐A:2 | An act of God or of the Government of the state or of the United States, or by sentence of law. | X | |||
| New Jersey | NO COMMERCIAL BAIL BONDS SYSTEM | ||||
| New Mexico § 31‐3‐2 | 10 days | X | X | ||
| New York | |||||
| CPL § 540.10 | 45days | ||||
| CPL § 540.30 | X | ||||
| North Carolina | |||||
| § 15A‐544.6 | 150 Days | ||||
| § 15A‐544.5 | Death; Detained Elsewhere | ||||
| § 15A‐544.8 | X | ||||
| North Dakota | |||||
| § 26.1‐26.6‐09 | X | ||||
| § 26.1‐26.6‐05 | X | ||||
| Ohio | |||||
| § 2937.36 | Not less than 45 nor more than 60 days | ||||
| § 2937.39 | X | ||||
| § 3905.14 | X | ||||
| Oklahoma | |||||
| 59 Okl.St.Ann. § 1332 | 90 days | X | |||
| 59 Okl.St.Ann. § 1310 | X | ||||
| Oregon | NO COMMERCIAL BAIL BONDS SYSTEM | ||||
| Pennsylvania | |||||
| Pa.R.Crim.P. Rule 536 | 20 days | X | |||
| 42 Pa.C.S.A. § 5746 | X | ||||
| Rhode Island Super. R. Crim. P., Rule 46 | X | ||||
| South Carolina § 17‐15‐180 | X | ||||
| South Dakota § 23A‐43‐24. (Rule 46(e)(4)) | X | ||||
| Tennessee | |||||
| § 40‐11‐139 § 40‐11‐201 | 180 days | Mental or physical disability; Detained Elsewhere | |||
| § 40‐11‐204 | X See also T. C. A. § 40‐11‐205 | ||||
| § 40‐11‐306 | X | ||||
| Texas | |||||
| C.C.P. Art. 22.13 | Death; Sickness or Uncontrollable Circumstance; Detained Elsewhere | ||||
| C.C.P. Art. 22.16 | X | ||||
| Utah | |||||
| § 31A‐35‐504 | X | ||||
| § 77‐20b‐102 | 6 months | ||||
| § 77‐20b‐104 | Death | ||||
| Vermont 13 V.S.A. § 7560a | 10 days | ||||
| Virginia § 19.2‐143 | 60 days | Detained Elsewhere | X | ||
| Washington | |||||
| § 10.19.100 | 60 days | ||||
| § 10.19.140 | X | ||||
| West Virginia | |||||
| § 62‐1C‐9 | 10 Days | ||||
| § 62‐1C‐11 | X | ||||
| Wisconsin | NO COMMERCIAL BAIL BONDS SYSTEM | ||||