Bail Forfeiture Law and Legal Definition

Bail forfeiture refers to an order issued by a court demanding a surety to pay the amount pledged as security, for the reason that the accused failed to fulfill the requirements contained in a bail bond. The amount that is paid by the surety under bail forfeiture will be transferred to the court in whose jurisdiction the laws are violated.

Bail forfeiture occurs when a court appearance is missed. Generally an accused arrested for most misdemeanor and non-violent crimes can be released on bail pending case, if s/he furnishes security for his/her release. The security is originally a guarantee for his/her appearance before the court on future dates. In case the accused fails to appear before court the bail will be forfeited and the security will be released to the possession of the court without the possibility of repayment.