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As with most bail related questions, the answer really depends on the state and county in which the bail bond was written. Once the defendant fails to appear in court, the bond goes into forfeiture and the clock starts clicking for the bondsman/bondswoman. Based on the local/state regulations, the bail agent has a period of time to find the defendant and bring them back into custody (this could be 30 days, 90 days, 120 days, etc.). If the bail agent is unable to locate the defendant by the end of the allotted time, than the bond goes to judgment and the bail agent is now responsible for the full amount of the bond.

This accountability element of the process is what makes bail agents so effective at what they do. If they do not find the defendant they pay the court the bond amount. And if a defendant or his/her family is going to potentially be liable for the bond amount and maybe lose a house or other financial asset, they are more likely not to run. On the other hand, when a defendant is released through a government sponsored (taxpayer funded) pretrial release program their is not financial accountability by anyone. The defendant therefore will not show up and no one pays the bond amount and no one goes and gets them.

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14y ago

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