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My husband was arrested, a $200,000 bail set. Somehow, he posted bail, using our home. Shouldn't that have required my sig

Hesperia, CA |

He has been arrested several times in the last month. DUI, resisting arrest, making threats to family and neighbors. Yet he is out on bail. Now today he missed court, and it said that bondsman was notified of bond forfeiture, does that mean there will be a warrant issued and he will be arrested? If so, will bail be set again.

Attorney Answers 4


Fail to appear will cause the court to issue a bench warrant for his arrest and forfeit the bail. The bonding agency will look for him, and if he is arrested prior to any forfeiture hearing. If there is a forfeiture hearing, you need to be present, and you should be ready to dispute the bail bond based on your home as you did not sign the release of the property. This assumes you are also on the deed. You should have a real estate lawyer with you, and contact one for the requirement of needing your signature to create a lien on your property. If has failed to appear, as you stated, the bail will go up in most cases especially when he does not turn himself in.

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Sounds like your husband is having some issues. Yes, failure to appear means his bail is forfeited, the bail company is notified and they have six months to get him back into custody. If they do get him into court, the court may set a much higher bail, depending on how long he was gone.

The information and legal suggestions made herein do not in any way create an attorney-client relationship. The responses provided herein discuss general principles of law and should not be relied upon by the asker in making legal decisions. Only an attorney who has met with the asker and fully reviewed the facts and circumstances of the asker's individual case should be relied upon for legal advice. If you find my suggestions helpful, please mark the appropriate box as helpful.

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It's unclear what your position is on all this. You say he's made threats to "family and neighbors"; does this include you? If you are a victim, this is a different situation. Perhaps you are not a victim but you want to see your husband incarcerated for other reasons. You may want to hire a local attorney for yourself, depending on what your interests in this matter are. Good luck.

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1 lawyer agrees


He's going to need a really good reason why bail should be reinstated. As to the bail folks, they don't need both spouse's signatures. The world of bail is very hairy.

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