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What Does Bail Bond Forfeiture Mean in Missouri?
Bail bond forfeiture means the court keeps the money or collateral used to secure your release because you missed a required court date. In Missouri, this happens when a judge declares your bond “forfeited” — and unless you act fast, that money is gone for good.
Under Missouri Revised Statute §544.665, a judge can issue a forfeiture order after any failure to appear. The court may issue a bench warrant, schedule a hearing, and notify any bail bond company or co-signer that the full bond is now at risk.
This doesn’t just affect the defendant. Anyone who posted bond — including family members or a bonding company — could be on the hook financially. Worse, the missed court date may trigger additional consequences, like arrest warrants or new charges for failure to appear.
What happens when a bond is forfeited? The court claims the bail money, starts enforcement, and may refuse to issue a new bond. To stop the forfeiture, your attorney must quickly convince the court you had a legally valid excuse or that the process was flawed.
What Happens After a Bail Bond Is Forfeited in St. Louis?
When a court in St. Louis declares a bond forfeited, the consequences are immediate. A bench warrant is usually issued for the defendant’s arrest, and the court begins the process of keeping the full bond amount — whether it was paid in cash or through a bail bond agent.
If a bail bond company posted the bond, they become financially responsible for the full amount. This often results in them hiring a recovery agent or bounty hunter to locate and return the defendant to custody. If they can’t, they may file a motion to extend time or request remission.
The defendant (or their attorney) can also request a bond forfeiture hearing to “show cause” why the court should set aside or reduce the forfeiture. Common defenses include illness, miscommunication, detention elsewhere, or lack of notice.
What is the penalty for the forfeiture of bond? You may lose thousands of dollars, face an arrest warrant, and remain in custody without the option of a new bond unless the court is persuaded to reconsider.
What Is CAFA Forfeiture in Missouri and When Does It Apply?
The Criminal Activity Forfeiture Act (CAFA) is Missouri’s asset forfeiture law, found in Missouri Revised Statutes §§513.600–513.653. It allows law enforcement to seize property that was used in, derived from, or gained through criminal activity — including cash, cars, real estate, and other valuables.
CAFA proceedings can be either criminal or civil, and they often run alongside a related felony case. In most situations, the state must wait until the criminal charges are resolved before it can pursue the forfeiture. However, the property can be seized early in the process, even before a conviction.
Is CAFA the same as bond forfeiture? No. CAFA forfeiture is separate from bail bond forfeiture. Bond forfeiture deals with court appearance failures; CAFA targets property tied to alleged crimes like drug trafficking, financial fraud, or stolen goods.
Importantly, CAFA includes protections for innocent owners — people who legally own property but were not involved in the alleged crime. If you’ve had property seized, it’s critical to act quickly to assert your rights and prevent permanent loss.
Can CAFA and Bail Bond Forfeiture Happen Together in St. Louis?
Yes — and it’s more common than people think. If you miss a court date in a felony case, the court can forfeit your bond and prosecutors may simultaneously pursue seizure of assets under Missouri’s Criminal Activity Forfeiture Act (CAFA). These are two separate actions, but they often happen at the same time — especially in serious drug or fraud cases.
For example, if your bond is revoked and you’re arrested, the state might claim your car, cash, or even your home were involved in the criminal activity. While bond forfeiture focuses on your failure to appear, CAFA allows the state to try to keep your property — whether or not you’re ultimately convicted.
This overlap can be financially devastating if not addressed quickly. You may face jail time, asset loss, and permanent damage to your record — all without a chance to explain. That’s why you need a St. Louis bail bond forfeiture and CAFA lawyer who understands both processes and how to defend against each.
How Do I Fight Bond or CAFA Forfeiture in Missouri?
In Missouri, you have the right to fight both bail bond forfeiture and CAFA asset seizures — but the clock starts ticking fast. Whether you're trying to recover cash, avoid property loss, or reinstate a revoked bond, early legal action is the key to a succ.
Challenging Bond Forfeiture
You or your attorney can file a motion for a bond forfeiture hearing, requesting the court to set aside the forfeiture. Valid defenses include hospitalization, detention in another jail, miscommunication, or lack of notice. The court may reinstate the bond, cancel the forfeiture, or issue a new bond under different terms.
Challenging CAFA Seizures
Under RSMo §§ 513.600–513.653, you may file an answer to the forfeiture petition or a motion for return of property. Your defense might argue that the property was not connected to criminal activity, you’re an innocent owner, or the seizure violated your due process rights.
Can I fight a CAFA forfeiture claim? Yes — but you need to act quickly and respond properly in court. If you miss a deadline or fail to assert ownership correctly, the state could keep your property permanently, even without a conviction.
