What is the effect of a bail bond on a criminal defendant?

California, United States of America


The following excerpt is from People v. Fin. Cas. & Sur., Inc., 278 Cal.Rptr.3d 710, 64 Cal.App.5th 405 (Cal. App. 2021):

"While bail bond proceedings occur in connection with criminal prosecutions, they are independent from and collateral to the prosecutions and are civil in nature. [Citation.] The object of bail and its forfeiture is to insure the attendance of the accused and his obedience to the orders and judgment of the court. ... Nevertheless, the bail bond is a contract between the surety and the government whereby the surety acts as a guarantor of the defendant's appearance in court under the risk of forfeiture of the bond. " (

[278 Cal.Rptr.3d 715]

People v. American Contractors Indemnity Co . (2004) 33 Cal.4th 653, 657, 16 Cal.Rptr.3d 76, 93 P.3d 1020.)

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