Attorneys

Bail Specifics FAQs

• Q: Does The Bail Bond Continue Forever, Can You Get It Back?
  A: When the bail has served its purpose, the surety will be exonerated (i.e., released from the obligation). Exoneration normally occurs when the proceeding is terminated … More
• Q: What If The Defendant Is Sentenced To Probation?
  A: A defendant who is convicted and given probation is released from custody, and the bail must be exonerated.
• Q: What If The Defendant Is Placed In A Diversion Program?
  A: A number of state statutes provide for diversion of cases from criminal prosecution. These statutes typically provide for exoneration of the bail at the time of …
• Q: What If The Defendant Absconds?
  A: The surety or depositor may arrest the defendant, or authorize and agent to do so for the purpose of surrendering him into custody to ensure his future appearance. … More
• Q: In What Instances Will The Bail Be Forfeited?
  A: A judge must in open court declare forfeited the undertaking of bail, or the money or property deposited as bail, if, without sufficient excuse, a defendant fails to … More
• Q: If The Defendant Does Not Appear And The Court Orders A Forfeiture, Can It Be Set Aside If He Later Appears?
  A: A court will sometimes order bail forfeited on the defendant`s nonappearance, then vacate the forfeiture to reinstate the bail when the defendant appears and offers an … More
• Q: When Can A Court Order A Recommitment?
  A: Despite prior admission to bail the trial court may recommit the defendant to custody in several situations; when the defendant has failed to appear and bail has been … More
• Q: If The Defendant Has Absconded, What Must The Bail Fugitive Recovery Person Be Able To Show? Is That Person A Bounty Hunter?
  A: That he possesses the authority to arrest by virtue of satisfying any licensure requirements a state may impose upon such a person. Additionally, he or she must have … More
• Q: What If The Underlying Criminal Charge For Which Bail Was Granted Is Dismissed?
  A: Statutes provide for exoneration of the surety in the event of dismissal. However, there is usually a time period within which the prosecuting agency may seek to … More
• Q: What About Release On One's Own Recognizance?
  A: A defendant may be released from custody under his own recognizance if he files with the court or other authorized person a signed release agreement. The agreement … More
• Q: When Can Bail Be Increased?
  A: After a defendant has been released, the court in which the charge is pending may require him to give additional bail in an amount specified or to meet an additional … More