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What If They Miss Court After You Bond Them Out?

What If They Miss Court After You Bond Them Out?

If you bond someone out of jail and they miss court, you become financially responsible for their bail. When a defendant fails to appear, the court issues a bench warrant for their arrest and declares the bond forfeited. This means the bail money or collateral you posted can be lost, and if you used a bail bondsman, you may have to repay the bondsman for the full bond amount.

Court Issues a Bench Warrant

When the person you bonded out misses their scheduled court date, the judge immediately issues a bench warrant for their arrest. Law enforcement will actively look for them, and the court begins proceedings to forfeit the bond.

  • Bench warrant issued – The defendant can be arrested at any time.
  • Bond forfeiture starts – The court keeps the bail unless the person is returned quickly.
  • Additional charges – Missing court may add a “failure to appear” offense to their record.

Bond Forfeiture Process

Once the defendant fails to appear, the court notifies the bail bondsman or cosigner that the bond will be forfeited. The court usually allows a grace period, often 90 to 180 days, for the person to be brought back before the judge.

  • Grace period – Time given to find and return the defendant to court.
  • If returned – The court may cancel the forfeiture and reinstate the bond.
  • If not returned – The court collects the full bond amount from the bondsman or cosigner.

Your Responsibility as the Cosigner

As the cosigner (also called the indemnitor), you guaranteed the defendant’s appearance in court. If they skip court, you’re liable for the full bail amount and any recovery or legal fees the bondsman incurs while trying to locate them.

  • Financial liability – You owe the full bail amount to the bondsman.
  • Collateral risk – Homes, vehicles, or cash used to secure the bond can be seized.
  • Recovery costs – You may be charged additional fees for tracking and returning the defendant.

The Bondsman’s Role

If a defendant misses court, the bail bondsman can hire a bounty hunter or recovery agent to locate and return them to custody. If they succeed before the grace period ends, the bond can be reinstated and your financial responsibility reduced or canceled.

  • Defendant recovery – Bondsman works to bring the defendant back to court.
  • Forfeiture canceled – The court reinstates the bond if the person appears.
  • Fees may apply – You’re responsible for the cost of recovery efforts.

How to Fix the Situation

If the defendant missed court due to an emergency or misunderstanding, you or your attorney should contact the court and the bondsman immediately. Quick action may prevent full forfeiture and help reinstate the bond.

  • Call the bondsman and explain the situation right away.
  • Ask the defendant to turn themselves in voluntarily.
  • Request a hearing to set aside or reinstate the bond.

If someone you bond out misses court, the bond may be forfeited, and you’re responsible for the full amount or any collateral used. Acting fast by contacting the bondsman or court can help reduce financial loss and prevent further legal trouble.

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