When an individual posts bail on a criminal case in Los Angeles County and later fails to appear in court, the court will issue a warrant for that person's arrest and forfeit their bail.
To get that bail back, let's say someone misses a court date and then comes back three days later; the bail has already been forfeited. What we do is we have the bail bond company issue what's called re-assumption papers. These papers constitute a formal request to the court to reassume bail. If the court approves the re-assumption, the bail is reinstated, and you can continue to defend yourself in the case while you're out of custody. However, it's important to note that the judge may not set the bail at the same level, and there could be additional consequences for missing the court date.
However, the judge doesn't have to set the bail at the same level. The judge can say, I don't know why you didn't show up. I don't care why you didn't show up. I'm now going to raise the bail because you didn't show up as required.
So, that's something to bear in mind if you've missed a court date and now have a warrant, and you want to get that bail reassumed. However, what typically happens is that somebody runs away to another country.
Bail Forfeiture in Los Angeles – Warrant for Arrest
The bail is forfeited, and a warrant is then issued for their arrest. What ultimately happens to the bail is that whoever posted it will lose the money. So, let's say it's a bond company. For example, your parents posted bail for you, and they paid a premium of, say, 10% or 5%, whichever percentage applies. If the judge forfeits the bail, the court will then attempt to recover that bail. So, let's say it's $100,000.00 bail. Whoever posted the bail from the courts is going to get their money back from whom? The potential loss of this significant amount of money can be a harsh reality for many families.
So, let's say it's a bond company. They may have an insurance company, but ultimately, the Bond Company will be responsible for paying the money. This is a significant responsibility because when a bond company posts bail, it is essentially guaranteeing the court that the defendant will appear for all scheduled court dates. If the defendant fails to appear, the bond company is responsible for the full bail amount.
So, what the bond company ends up doing is they're going to try to foreclose on whatever collateral they took—let's say they attached it to a home or a car—or they're going to try to make those two items be sold so they can get their money. Collateral is a form of security that the bond company takes to protect itself in the event that the defendant fails to appear in court. It could be a valuable asset, such as a home or a car.
Let's say the bond company needed to be more proactive in securing collateral for the $100,000.00; well, then, they would likely send in lawyers to try to stall the court from completely forfeiting the bond and forcing them to pay the money. Typically, there are about 180 days during which they can delay the case, and then after that, they will need to provide substantial justification for the judge not to take the money from them.
Bounty Hunter
An example of this would be a bounty hunter trying to chase and catch the individual. They've determined the person's location. They're closing in on him. They need a couple of months.
The judge might give it to them under those circumstances. This is why bond companies include clauses in their contracts that prevent people from leaving the country. They sometimes take people's passports.
I've seen them put ankle monitors on them, especially on high bail, if the bond company doesn't have enough collateral to protect themselves and the person skips, especially in a serious crime where the person could be looking at many years in prison, the bond company is going to be out that money eventually, and that's a lot of money to lose.
So, instead of losing that money, they're going to want to catch the person, and that's how bounty hunters have jobs in Los Angeles County because they're trying to catch people who skip on bonds and make sure that the bond company doesn't lose their money.
So, the bond company is actually allowed to go and make a citizen's arrest on the person – grab them and bring them into the county jail – and bring them into law enforcement, saying, ' This person has a warrant out for their arrest. '
They skipped on their bond, and if they can do it within the right time parameters, then they won't lose their money; as long as they get that person back in custody, they're good.
That's why you'll often see someone acting like an idiot while they're out in custody, not cooperating with the bond company, or not paying their premium; it turns out the collateral is no good.
The bond company will simply take the person into custody and inform the judge, ' We are no longer responsible for this bond. ' We want this person taken into custody, and that person will be taken into custody. The judge isn't going to leave him out if the bond company won't uphold the bond, and then that person would have to find another bond company in Los Angeles to post their bond and ensure that they can remain out of custody while their case is pending.
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