Legal Question in Real Estate Law in California

Re: home property posted as bail

You have the right to withdraw bail at any time. You need to file a motion to vacate bail. Because of the amount of money involved you should consult with an attorney or a bail bond to pickup this person and turn them into the jail. be careful that the person does not learn of your plan and flees.

Re: home property posted as bail

This should be asked to the criminal law panel.

Re: home property posted as bail

It is not clear from your question who posted the property as bail or what the reason is for wanting to cancel the posting of the property. You also do not say whether a private bonding agency is involved, or whether this was a bail arranged solely through the court.

If the criminal defendant has surrendered to the authorities, or you are ready and able to surrender the defendant to the authorities, you may be entitled to have the property freed from the posting as bail.

However, if the defendant has become a fugitive, the home could become forfeited and sold to cover the amount of the bond.

If the bond was arranged by a private bonding agency, you need to contact that agency. If the bond was arranged through the court alone, you probably need to contact the clerk of the court and ask for a hearing before the court to explain your reasons for wanting to cancel the posting of the property, and/or to surrender the defendant. You would be best advised to retain an independent attorney to handle this matter. The criminal defendant's attorney would have a conflict of interest.

If you think that the criminal defendant will not cooperate, or will flee, you should probably contact the prosecuting attorney, who can obtain an arrest warrant to retake the defendant into custody.