- Bail is a process that uses either a cash payment or a document from a bonding company to secure a defendant's release from custody. If you are arrested and face charges, you may be allowed to use either a cash bond or a surety bond to get out of jail. The bond serves as insurance that you will appear for your court date and face the charges against you. If you fail to appear, you forfeit the bond and the court will keep the money. Vacating a bond applies to cases of cash bonds and surety bonds.
- The court can only vacate a bond following a bond forfeiture. Forfeiture occurs when a defendant misses his court date. In cases with cash bonds, it means the court holds the cash. In case with surety bonds, it means the person who secured the bond is responsible for paying the bond amount, plus interest and fees, minus any down payment, to the bonding company. To avoid being liable for this amount of money, you can file a petition to vacate a bond.
- A petition to vacate a bond forfeiture is a document that asks a judge to throw out an instance of bond forfeiture. Each state has its own laws governing bail bonds and the specific process for vacating a bond. In general, the petition requires the defendant to pay a processing fee and provide proof of the reason for not appearing in court as ordered. Defendants can deliver completed petition forms to courthouse clerks in the appropriate departments.
- The decision of whether to vacate a bond forfeiture is up to the judge presiding over the case. If the judge decides to vacate the bond forfeiture he may allow for reinstatement of bail and set a new court date, allowing the process to begin again. The judge may also deny the petition to vacate based on the nature of the original offense and the defendant's reason for missing a court date. This usually leaves an outstanding warrant for the defendant's arrest and lets the judge schedule a new court date once the defendant is in custody.
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