If a bond is forfeited, what typically occurs to the posted funds?

• A. The funds are donated to charity
• B. The court may take possession of the posted funds as forfeiture
• C. The funds are returned to the defendant
• D. The funds remain in escrow but are not used

Answer: (B)

Bond forfeiture happens when the defendant fails to appear or violates the release conditions. In that situation, the posted bail money is no longer held as a guarantee and the court declares the bond forfeited, taking possession of the funds to apply toward the breach. This is how the court ensures the terms of release are enforced and the breach is addressed. The funds aren’t donated to charity, aren’t returned to the defendant, and aren’t simply left in escrow unused. There is often still an option for the bondsman to locate the defendant and potentially avoid or reduce the forfeiture, but the typical outcome is that the court keeps the posted funds.