What happens if a defendant misses court?

This question was posted to one of our bail bonds agents about the possibility of the defendant skipping bail and what, if any, of the legal issues or payments will be on the shoulders of the co-signor. He forwarded the bail question and his reply to us. So what happens if a defendant misses court, read more below:

Q: I’m a co-signer for a friend and family member. What happens if a defendant misses court? If that person misses court because they ran away do I have to pay you the full value of the bail bond?

Bail Bondsman’s Answer

If you’re the cosignor and the defendant misses court appointments and skips bail, you are liable for the full amount of the bond plus expenses.

However, a failure to appear in court does not necessarily mean you’ll have to pay the full amount of the bond. There may be a way to get things back on track, and that is by way of the defendant’s attorney and communication with the bondsman.

Quite often bondsmen (or bounty hunters) are able to pick up the defendant (now called a fugitive, or skip), which will save you costs. Our office may charge you and any other co-signors with the fees for capture. These fees will be annotated in your bond contract, please take a moment to read through any and all contracts you sign with any bail bonds company.

• If you do not see information about additional fees for capture, ask the bond company you’re working with.
• Any question PRIOR to signing the bail contract should be answered and any reputable bondsman will be glad to answer questions.

What You Need to Know about Missing Court

While there is no excuse for missing court and skipping bail, we strongly encourage our client’s to notify us of any unusual circumstances so that we can advise them as to the best course of action.

You may need to pay for the bond PLUS the fees to capture the defendant

Cosignor? This is What You Need to Understand When Defendant’s Miss Court Dates

When the defendant misses a court date, they will definitely have a bench warrant for their arrest. When this happens, and the defendant can’t be found within a certain time frame? You’re on the hook to the bonds company for the following:

• You may lose any collateral (this includes jewelry, cars and other possessions)
• If you put up your home, it may have a lien placed on it to cove the cost of the bond.
• You will be taken to court by the bail company for any monies owed.
• You could face garnishments to repay the bond.

Good bondsmen let co-signors know their responsibilities and that if the bond is forfeited to the court, they will be liable and any assets or property they own may be subject to a civil lawsuit against them.

it’s always in the best interest of the defendant and cosignor to let your bondsman know of any problems they may be facing.

What You Can Do As The Cosignor To Limit Risk

• If you’re the cosignor and believe the defendant is going to run, its best to tell the your bondsmen straight away. You may be able to sign off the bond, a bail bond forfeiture, so you’re not liable for the entire amount and associated fees.
• If you feel the defendant is not following court rules, tell your bondsman.

That about sums up answering the question about what happens if a defendant misses court. If you have something to add or would like to us to update the answer, please post your comments below.

If you have any other questions about bail, feel free to ask a bail bondsman.