Texas’ Bond Remission After Forfeiture Laws. How to get your bond money back when your loved one skips town.
You got the call late one night that your significant other, family member or friend was arrested. In a panic, you begin searching for ‘bail bonds near me”. Once you find a reputable and compassionate Dallas bail bondsman, you begin the paperwork and get your loved one released from jail.
When you first see them, you’re ecstatic and just want to know what the heck happened! They assure you that it was a misunderstanding or a one-time mistake. But as their court date gets closer and closer– they start getting antsy.
If they skip their hearing, you’ll be responsible for the defendants’ full bail amount. So if you’re worried that they’re a flight risk, talk to your Dallas bail bondsman right away. There’s still time for them to revoke the bond and protect your money, potentially thousands.
However, a lot of people that get bail bonds believe their loved one will follow through and they’ll get their money back until it’s too late. At that point, you’ll need to consider applying for a bond remission after forfeiture.
What Happens When the Person I Bond Out of Jail Skips Their Hearing?
Unfortunately, if the defendant skips out on their hearing, the person who posted their bond becomes civilly liable for the entire bail amount. The sad reality is that this bail bond is your debt and you’re the one who’s responsible for paying the bail bondsman back. However, in some cases, your bonding agency may be able to save you money if you help capture the elusive defendant. Otherwise, you’ll be on the hook for a lot of money. In the U.S. the average bail amount is between $25,000 and $55,000.
What are Texas’ Bond Forfeiture Laws?
If you’re reading this, you’re probably intimately familiar with bond forfeiture. But if not, this is when the government seizes the money you put forth for a bail or bail bond. When the defendant fails to appear, the clerk of court sends a notice of forfeiture to the bonding agency, and they pay the bail amount in full. Some ways to defend the accused and save your money in this case include:
- The defendant wasn’t properly notified about their court date
- Proving that the defendant died before their trial
- There were extreme, extenuating circumstances preventing them from appearing
- The defendant was too ill to appear in court
Bond Remission After Forfeiture in Texas
Now, the bail bond company can be relieved from their liability if they surrender the defendant before the forfeiture comes due or they supply an affidavit proving that they’re in either state or federal custody. If this is all done post-forfeiture and pre-final forfeiture judgment the court will in some cases return either a percentage of the bail bond or the full amount. You can also file a Remission of Bond Forfeiture applicate for up to two years and the governor may choose to return the funds.
The Bond Remission After Forfeiture Application
If you want to get the bond money you posted back, begin the process here. This is a bit of a lengthy process, but if you follow the directions carefully, the Governor of Texas may choose to return the money. The key things to remember are that all documents must be court-certified and you must also be compliant with Board Rule §143.73 Remission of Bond Forfeiture.
A-EZ Out– Dallas’ Top Bail Bondsmen
Here at A-EZ Out, we’re dedicated to informing the public about their options and ensuring they get a fair shake. This is the information we have to think the people of Dallas need to know. However, we are in no way a criminal defense attorney and you should consult with a legal expert if you decide to pursue the bond refund process. However, if you need a bail bond or some more insights about what the next steps are after the person you bailed out of jail flees– give us a call. We’ll be there for you in any way possible.