Although hopefully not true of your particular clientele, it is not unheard of for criminal defendants to fail to appear for their court proceedings.  This imprudence generally prompts the court to revoke the defendant’s release order, issue a bench warrant for their arrest, and forfeit their bond.  It is this latter consequence that is the subject of this month’s update.

Forfeiture of bail is generally governed by MCL 765.15, MCL 780.66-67, and MCR 6.106(I) which, upon a defendant’s nonappearance, authorize the immediate forfeiture of any deposited bail money / surety bond (subject, of course, to reinstatement in the court’s discretion).

The court then mails appropriate notice of the revocation order and bond forfeiture to the defendant and surety, if any; allowing the defendant 28 days to appear and, upon a showing of good cause, persuade the court to reinstate the bond.  Otherwise, in addition to the initial forfeiture of any deposit, the court may enter judgment against the defendant (and any surety, following a show cause hearing) for the full amount of the bond plus court costs.  This judgment debt may then be collected like any other civil judgment. 

In this regard, although our court has historically not pursued forfeited bonds to judgment, a new policy is being implemented to enforce statutory and contractual remedies to collect money due upon a defendant’s failure to comply with bond conditions. 

Accordingly, when your client calls up 15 minutes before a scheduled court hearing advising that other pressing engagements preclude their appearance, you can advise them that the possible consequences include a money judgment for the entire amount of the bond and costs of the court proceedings.  Who knows, upon reflection, they may show up.