Forfeiture of bond

[MizKaty]

What is the name of your state? NC

What are grounds for a bondsman seeking forfeiture of bail other than non-appearance for a court date?

Specifically, I'm referring to a defendant who appeared for his court date, and had the bondsman request his bail be revoked, due to his being a "flight risk". Bail had been made seven months earlier and the defendant had, only the week before, begun a new job in the area. This bondsman claims he was told the defendant made the comment that he "didn't give a damn about bail, that if he wanted to visit his family in Florida, he would." The defendant had indeed visited his family once in those seven months, several weeks earlier, and obviously, had returned of his own accord.

No reputable source for the hearsay has been explained, and it seems irrelevant anyway, since the defendant showed no propensity for jumping bail, even if he had made the comment, which he denies. How is this grounds for forfeiture?

 

[racer72]

The defendant violated the bond agreement pure and simple. The bailbondsman is well within his rights to ask for forfieture.

 

[MizKaty]

What was the violation? It can't be, as the bondsman argued, that he made an unverified comment the bondsman didn't like. I'm aware that travel is common among those out on bail, and typically not a problem if the defendant breaks no laws in the interim and is not fleeing, i.e., if he is present for all appearances.

 

[racer72]

Tell the "defendant" to read the agreement they signed with the bailbondsman. It will state that the bondsman can at his discretion ask for a revocation of the bond without cause. Courts cannot and will not force a bond company to post bond for someone they do not want as a customer. The "defendant" needs to find someone else to post bond.

 

[MizKaty]

MizKaty

Thanks for reading and responding, racer72.

As a side-note, I was reading the "Bail Bond Fairness Act of 2003" and wonder whether, if enacted, it would apply solely to Federal courts.