Bail Bond Forfeiture | California Penal Code 1305(A)

What happens when a defendant fails to appear in court while out of custody on a bail bond? The court (judge) is required to forfeit the bail bond in "open" court as provided in California Penal Code section 1305(A). This usually results in a bench warrant issued for the defendant with a possible higher bail amount.

The defendant in a felony case is required to appear at all times as a condition of their bail. In certain circumstances, the court may allow a retained criminal defense attorney to appear in court on behalf of the defendant. The court may even hold a bench warrant for a defendant based on the information provided by their criminal lawyer, but a sufficient excuse for failure to appear must be acceptable by the court.

In California, the grace period of a bail bond forfeiture is 185 days, which includes a 5 day period for the mailing of the "Notice of Forfeiture" by the court to the bail bond company and/or surety insurer. The grace period allows for the voluntary or involuntary appearance of  the defendant in court. The defendant may have been hospitalized, which kept them from appearing in court, a justifiable reason for their failure to appear. It may be necessary to locate, apprehend, and surrender the defendant for absconding. In the case of a temporary disability, the court shall toll the 180 day period based on the illness, insanity, or detention by military or civil authorities. Regardless of the circumstances, upon appearance of the defendant, the court shall vacate the forfeiture and re-instate or exonerate the bail bond.

In addition, the bail bond company may file a motion with the court to extend the 185 day period. If "good cause" is shown, the courts in California will usually extend the grace period for another 6 months. However, the amount of additional time is up to the discretion of the judge.

If the defendant ultimately fails to appear within the prescribed time, the bail bond company and surety insurer will be required to pay the penal amount of the bail bond. Once the grace period has expired, the county in which the bail bond was posted will enter a summary judgement against the bail bond company and their surety insurer. At this point, the penal amount of the bail bond must be paid to the county within 30 days of receiving the summary judgement. All efforts in apprehending and surrendering the defendant should cease upon receiving the summary judgement, payment is required .