Reader’s Question:

A very close friend of mine was arrested for DUI in Fayette, Kentucky and he is no longer in jail because he already posted bail. What if he doesn’t appear in court and the court orders forfeiture, could it be set aside if he later appears in court?

Joyce

Fayette, KY

In a DUI trial, the court would sometimes order bail forfeited on the defendant’s non-appearance in court. It is very important for your friend not to skip court after he posted bail for his DUI charge in Fayette, Kentucky. But most of the time, the forfeiture is vacated to reinstate the bail when the defendant later appears in court and offers an explanation for the absence.

In some instances, the non-appearance of the defendant in court may be due to death, illness, or insanity, or detention by civil or military authorities, and if the non-appearance was not with the connivance of the bail (acquiescence of the bonding company to the absence). An example of illness that is being accepted as an excuse would be if the defendant is confined to bed by reason of a doctor’s order. If the defendant escapes and the prosecuting agency do not seek extradition, the bail could be exonerated.

Tags: bail bond, DUI, DUI lawyer, DUI trial