Defendant Supervision, Recovery, and Forfeiture Proceedings
What this domain covers
This domain tests what happens after the bond is written: supervising the defendant, apprehending and surrendering a defendant who fails to appear, forfeiture under Pa.R.Crim.P. 536, remission, and exoneration.
Core rules
- The bondsman should monitor court dates, required check-ins, and known address or employment changes.
- If the defendant fails to appear, the court may declare the bail forfeited and give notice to the surety.
- Under Pa.R.Crim.P. 536, the surety may petition for remission; the deadline is short, so act immediately. Remission may be partial or full depending on the circumstances.
- A bondsman may take the defendant into custody and deliver the defendant to the court, using only reasonable force. Do not enter a dwelling without lawful authority or consent.
- Surrender of the defendant before forfeiture generally supports exoneration; after forfeiture, it supports remission.
- Document every contact, address check, and surrender; the record is evidence.
Worked example
A defendant on a $30,000 bond misses a Common Pleas hearing. The court declares forfeiture and mails notice. The bondsman locates the defendant 12 days later, takes him into custody without forced entry, and delivers him to the sheriff. The bondsman files a petition for remission with the surrender documentation. Reasoning: the surety's liability is real, but prompt surrender and a documented petition give the court a basis to remit all or part of the forfeiture.
Traps
- Waiting until the remission deadline has passed.
- Using threats or forced entry to recover a defendant.
- Failing to document contacts and surrender.
- Assuming forfeiture is automatically vacated when the defendant later appears.