QUESTION

If you put your house up for child's bail what happens if they get into any more legal trouble while out? Do you lose your house or part of it? I know if they don't show for court date that does happen but what if they get into more trouble? Thank you.

Asked on Jun 12th, 2009 on Criminal Law - Maryland
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If you put your house up for child's bail what happens if they get into any more legal trouble while out? Do you lose your house or part of it? I know if they don't show for court date that does happen but what if they get into more trouble? Thank you.
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1 ANSWER

Complex Federal Criminal Defense Attorney serving Denver, CO at Jeralyn E. Merritt
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The purpose of bail is to secure one's appearance at future proceedings, including trial. If you post bond for someone, and they fail to appear in court, your bond will be forfeited. But, if they commit a new crime, the bond likely will be revoked or continued. If continued, it might be in the same or an increased amount. In Maryland, where you are from, if your son violates the conditions of his bail (also called pretrial release), the court will issue a bench warrant for his arrest. When he brought before the court on this warrant, the judge will decide whether to revoke his bond or continue it, with or without additional conditions. The purpose of bail forfeiture is not to punish the surety or enrich the State but rather to assure that the defendant will be found and brought to trial. Bail forfeiture is an incentive to the surety to see that the defendant is present at trial. If your son is taken into custody for new charges, forfeiting your house would not further these goals. Thus, while his bond may be revoked or increased, you should not lose your house.
Answered on Jun 12th, 2009 at 12:07 AM

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