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bail revocation and property forfeiture

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racer_x_

Junior Member
What is the name of your state (only U.S. law)? new jersey
what happens in new jersey if a person who is free on bail commits a crime while out on that bail? i know that the bail would be revoked but what would happen to the property put up to the bonding agent for the persons release assuming that the person was back in custody after getting arrested for the second crime?
for example, if i bailed out my brother and used my house for collateral with a bonding agent and my brother went and got caught robbing someone or selling drugs, but he didnt run or fail to appear in court at any time, would i lose my house??
 


CdwJava

Senior Member
What is the name of your state (only U.S. law)? new jersey
what happens in new jersey if a person who is free on bail commits a crime while out on that bail? i know that the bail would be revoked but what would happen to the property put up to the bonding agent for the persons release assuming that the person was back in custody after getting arrested for the second crime?
for example, if i bailed out my brother and used my house for collateral with a bonding agent and my brother went and got caught robbing someone or selling drugs, but he didnt run or fail to appear in court at any time, would i lose my house??
The bail and the collateral are put in place to guarantee the defendant's appearance at court, not his good behavior. If the defendant gets arrested for another offense while out on bail, the bond holder can generally choose to revoke that bail thus freeing the collateral. The fee (usually 10% out here) would still be subject to forfeiture.

So, in your example, if your brother were taken back into custody you should not lose your house. Now, if the judge releases your brother and continues the bond, then you might still lose if he does not show in court later on.

If you are in this sort of situation, call the bondsman and ask him to pull the bond now. And, in the future, ask yourself if some miscreant relative's freedom is worth making your family destitute? My answer to that question is, "No." I wouldn't bail out a family member for any reason. Only my wife would I bail out if she ever did something wrong ... and that would be because I would never hear the end of it if I didn't. :)
 

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