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Forfeitures vs. Revocations

No one wants to lose their bond money. It can happen, however, if the defendant makes poor decisions. At County Bail Bonds, our agents do everything within their power to guide both the defendant and the co-signer so that the money they use for posting a bail bond is not lost. Losing the funds associated with a bail bond can be devastating for all involved, that is why we work so hard to protect against it. 

The Loss of Your Bail Bond 

The loss of your bail bond means two things. The defendant will be returned to jail and depending on the circumstances, the entire amount of the bail bond may become due and owing. Forfeitures and revocations both result in the defendant being returned to jail. When it comes to what happens to the funds, a forfeiture means that the entire bail bond amount must be paid in full to the courts upon their demand. If a defendant's bail bond is revoked, the debt is canceled, the 10% premium is kept by the court and the fees are kept by the bail bond agency. Any amount left over is returned to the co-signer in a timely fashion. The bail bond contract is canceled and the obligations of the co-signer to the court are satisfied. 

Forfeitures 

A forfeiture occurs when a defendant fails to appear in court and is not returned to the jail. In the state of Virginia, the courts allow 60 days for the bail bonds agency to find the defendant and bring them back to the jail. Once they are in custody, the bail bond will be dissolved and the fees, premium, and any overage will be returned. The bail bonds agency will receive their fees and the court will receive the 10%, state-mandated premium. Any funds left over will be returned to the co-signer. If the defendant is not returned within the 60 day period, the bond will become due and must be paid in its entirety, If the bond was secured through physical property, the item will be sold and the monies dispersed accordingly. If the defendant is returned to the jail after the 60-day deadline, they will be held without bail until their scheduled court hearing. 

Revocations 

A bond revocation can occur for several reasons and can be demanded by either the court or the co-signer. In some cases, the bail bonds agency may request a revocation. When the court chooses to revoke a person's bond, it is normally because they have been arrested on another charge or have violated one of the requirements of the original bail bond agreement. A co-signer may choose to have the defendant's bond revoked because they no longer wish to be financially responsible. The same is true of the bail bond agency. If the bail bond agent or the co-signer become aware of circumstances that could put their money in jeopardy, both have the right to ask for a revocation. If a revocation is asked for, the same 60-day rule applies. The defendant must be returned to the jail where they will remain unless they can find another co-signer or bail bond agency who will carry the risk of bailing them out of jail. Once the defendant has been returned to jail, the bail bond agreement is dissolved and the funds are divided up accordingly. 

Future Bail Bond Agreements 

If a person skips bail and becomes a fugitive, their risk of receiving bail in the future is greatly diminished. Most bail bonds agencies will not offer a bail bond agreement for someone who has forfeited on a bail bond agreement in the past. A revocation, however, is a different story. If the reason for the revocation is not associated with a flight risk or other types of criminal activity, the bail bond agency may choose to help the defendant by offering them a second chance at posting bond. Any indiscretions on the behalf of the defendant can have a dramatic impact on whether or not they are eligible for bail bonds in the future. 

The bail bonds agents at County Bail Bonds understand the risks and benefits of the business. We go the extra mile to make sure forfeitures don't occur and that revocations are kept to a minimum. Our goal is to help our clients resolve their legal issues in a timely fashion and in accordance with Virginia law. If you have questions concerning bail bonds, forfeitures, or revocations, call our office today at 703-879-8115. An agent is ready and willing to assist you. We will make sure all of your questions are answered and you have all of the information you need to make a wise decision. We take the confusion and frustration out of the bail bonds process. When you call our office, we will discuss all of your options with you. Call us today!!

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