Bond Law and Forfeiture Cases
A bail bond is a contractual guarantee issued by a licensed bail bond agent between the bond agent, the defendant, and the court. It is a promise that the court will receive full payment if the defendant does not show up for their scheduled and mandatory court hearings. A bond saves the state the expense of incarceration pending a trial. In addition, it promotes the interests of the accused consistent with a presumption of innocence. If the defendant, charged with a criminal matter, fails to appear in court, they have breached a condition of the bond.
A bond agent, also known as a surety agent, pays the total amount of a defendant’s bail and charges a 10% non-refundable fee, as mandated by Florida law. If a defendant’s bond is forfeited, the bond agent is responsible for the bail amount. To recover their losses, the bond agent can file civil litigation against the defendant for their losses.
A bond forfeiture is a final attempt to ensure that a defendant appears in court. In forfeiture cases, defendants and their bond agents are notified of hearings by mail sent to the address on the bond. If the defendant fails to appear at the hearing, the state may ask for a bond revocation and forfeiture of the bond. The court will then forfeit the bond, securing whatever was used for collateral and set a hearing. A notice of hearing is provided to the bond agent after the defendant has failed to appear in court. At the forfeiture hearing, the court enters a judgment against the bond agent allowing the sheriff to collect the proceeds of the bond.
Once the defendant is in custody, a bond agent can try to get the money back. However, the amount of money remitted is reduced over two years, so it is essential to get an attorney involved as soon after the forfeiture as possible.
For those involved with a Florida case in which the forfeiture process is taking place, it is vital to have a bond law attorney involved in the process. It is best to seek the assistance of a bail bond lawyer as soon after the forfeiture as possible and preferably on the day of the arrest. Remember that a corporation or other business entity cannot represent itself but needs to be represented by a lawyer.
Trusted Florida Bond Law Attorneys to Protect your Interests
At Alba & Straile PLLC, our experienced bond law attorneys will represent you if the defendant you have placed bond for fails to show up in court. If a defendant flees, the total amount of the bail is due. In addition, the defendant is charged with costs associated with their recovery. The bail amount may be forfeited even after the defendant is recovered.
At our law firm, we focus on achieving favorable results for our clients. Attorney Christian A. Straile has extensive experience in criminal law. He has outstanding trial and negotiation skills, providing a unique approach tailored to the client. Our legal team is committed to providing compassion, attention to detail, and ease of attorney accessibility. We provide the sound legal representation necessary to effectively and efficiently address all bond law issues. Let us work to protect your rights and best interests, even if that means taking the case to trial. We represent clients in all Florida State Courts. Contact Alba & Straile PLLC at (352) 371-9141 to schedule a consultation today.