Legal Question in Criminal Law in California

Hello. I've signed a bail bond insurance for a person who I thought a decent man. The defendent was supposed to be released on the day we posted yhe bail, but at the time of the release he was detained for his expired visa. He spent approximately one month in jail. This person is now missing and no one heard from him in 10-15 days. His court appearance is scheduled in late June. What should I do, if anything. Facts: signed bail insurance without a complete knowledge regarding the charges against him. His lawyer said it was an easy case. The bail amount was relatively small of $25k. Released on signature with no cash required. After we read case details online, we tried to get some answers from his lawyer, who ignored our concerns. We believe we were cheated and not knowingly signed the bail. we don't know his current location or status, andtried to contact his lawyer for an advice if we should report him to police or D.A., and his lawyer advised us nit to do anything as we might make it worse. Why worse? He is already missing. He has hopes that he will show up. He said that he has info that someone else is looking for him but won't tell us who. What is his legal obligation in this situation? Should he be silent about that his client is missing or notify the court? I don't know if the lawyer is covering him up, because I recently found out that he is defendent's old friend. How can I protect my self in order not to lose the bail. We are not rich and $25k is a big deal for us. Is the bail insurance valid, since in my eyes the original unilateral contract has been broken, the decent was supposed to be released on the same day whrn the bail was signed, but his was taken to immigration jail and detained for about a month before released on a different cash bail? What do you recommend me to do. I am worrying that he and his wife could be a flight risk. His lawyer previously said that if I try to contact anyone, they will have an emergency hearing, will issue a warrant on his arrest and my bail will be forfeited. First of all, why my bail? Can they go after me? Is there anything I can do to proove that I didn't get a full disclosure from the lawyer about the case, te original terms of bail might have been breached, as a good citizen I tried to contact an appropriate agency but his lawyer advised not to, as he might be buying him some time to escape the country? I don't know, maybe I am worrying too much and he will show up for the court hearing but i am suspicious there will be a problem. Thank you.


Asked on 6/11/11, 10:18 am

2 Answers from Attorneys
Isi Mataele 'Isi Mataele Attorney at Law

a lot of questions but people post bond to ensure they won't run away. Sorry that you trusted someone that wasn't trustworthy but that is the risk you took. Sometimes, the bondsman will hire a bounty hunter to get the fugitive when it is a very large bond but that doesn't seem to be the case here.

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Answered on 6/11/11, 3:07 pm
Anthony Roach Law Office of Anthony A. Roach

First of all, it does not appear from your post that bail has been forfeited. Several steps have to take place first, before bail is forfeited. If he does not show up at the next hearing, the court can order bail forfeited, and issue a bench warrant for his failure to appear. The bail bondsman and his agents (bounty hunters) then have a general 180 day period to locate the defendant and bring him to law enforcement, to prevent a permanent forfeiture of the bail bond.

I suggest waiting to see if he shows up for the next hearing. If he does not show up, you may want to get in contact with the bail bondsman, and provide him with information of this "decent man's" whereabouts.

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Answered on 6/12/11, 6:18 am


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