December 22, 2024

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Can a Bond Expire?

The first thing you need to know is the time limit on a bond. This is crucial information for everyone involved. Whether you’re a bondsman or maybe even the one in the case, you must comply with the time limit for each bond.

As you know, the bond is an obligation between you and the bondsman that you will attend the court dates and follow the proceeding without fail. The bondsman acts as the middleman between you and the court; they pay your bail.

 

What Is The Time Limit?

In general, each case has a time limit for the whole trial process. Bail itself is a process before the trial even happens. However, due to the backlog and other bureaucratic issues, the case is likely to stay dormant for several months before the trial starts. After all, both defendant and prosecutor need some time to build their cases.

 

* Each State Has It Differently.

One thing you should know is that each state has a different law regarding bail bonds. With some states, such as Oregon and Nebraska, not offering bonds in the first place. In these states, they only accept direct cash payment or a separate court payment system and are not using a commercial bail bond office.

Several states also have different systems on bail posting because they have an overwhelming amount of inmates. Therefore, they may seem lacking or even more lenient than other states.

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* 12, 24, and 36 months

Each crime has a different expiration date. Misdemeanors, which count as lesser crimes, have a 1-year time limit. While felonies have 2 years until the bond expires. Anyhow, in several states, the bond has been active for 3 years, or 36 months, since posting.

The difference in time limit means you have an obligation to pay the bondsman for three years before it naturally expires. However, you must double check with the regulation in each state to know your time limit.

 

What Happens If It Expires?

There are two possibilities for what will happen when the bond expires. The first outcome is that you will undergo the system and go to trial as you must.

The other possibility is that it expires when you already conclude your case. Which means that you are free from the liabilities and the bonds are no longer enforceable.

The time limit exists to help both defendants and the court system stay on track and optimize their resources for a fair trial. As it expires naturally, and all parties are free from the liabilities in the bonds.

Anyhow, if the trial missed the time limit due to the defendant’s fault, whether by missing the date or other mistakes, then the bond will continue to be enforceable.

 

Understanding when the bond expires can help all defendants know when they will get their collateral back. But keep in mind that the collateral will return when the court proceeding is over and the defendant never missed any court date. At any rate, you must keep an eye on the expiration date so you can strategize well.

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