What Happens if a Defendant Dies Before Their Court Date?
News and ResourcesBail is a financial guarantee that the accused will live up to their obligation to appear in court to face the charges against them once they are released from custody. Of course, in order to fulfill their obligation to appear in court, the person granted bail must be alive when the court date rolls around. But what if they die after being granted bail but before their scheduled court date? In this post, the bail bond agents at Tayler Made look into that question.
What Happens When a Person Out on Bail Dies?
It's not common for people who are out on bail in Denver County or Jefferson County to die while awaiting their day in court, but it does happen. And when it does, it raises some potentially sticky issues for the bail bond company and those who may have co-signed the now-deceased defendant's bond.
First Things First: What is Bail?
A bail bond is a legal agreement whereby the defendant is granted release from custody, conditioned upon their promise to appear in court to face the charges against them. The financial aspect of bail provides the defendant an incentive to appear in court because if they don't, they become liable for the full bail amount. Unless the defendant paid cash to cover their bail, the bondsman will likely be the first to feel the sting of having to satisfy the bail amount, followed by whoever cosigned the bail bond agreement for the defendant.
Bail Bond – government-appointed attorney who represents individuals charged with a crime who cannot afford to hire private legal counsel. They are assigned by the court to ensure the defendant's constitutional right to legal representation is upheld.
If, however, the defendant dies before their scheduled court date, it obviously becomes impossible for them to appear in court. But what happens to the bail? If the defendant's lawyer appears in court and simply states "Sorry, my client died", is that the end of the situation? Not quite.
“The Sixth Amendment guarantees the rights of criminal defendants, including the right to a public trial without unnecessary delay, the right to a lawyer, the right to an impartial jury, and the right to know who your accusers are and the nature of the charges and evidence against you.”
—Cornell Law School
It Takes More Than the Lawyer's Word
When a defendant dies while out on bail in Colorado, there are procedures in place that must be adhered to in order for the situation to reach a legally satisfying conclusion. First and foremost, the court must be notified in a timely fashion of the person's death. But simply saying "Sorry, she died"isn't enough. A person with knowledge of the death - whether a family member, attorney or the bondsman - must provide the court with proof the defendant died in the form of a death certificate or a coroner's report.
Once the court receives and processes the official death notice, any and all charges against the defendant will be dismissed, and the process will begin to nullify the bail and release the financial obligation.
Exonerating the Bail Money
If the bail was paid in cash, the money will be returned to the appropriate person. If the cash was posted by the defendant, the bail money may become part of their estate. If the bail was posted by another person, the money will be returned to them. If the bail was paid via a bail bond, the surety will be discharged once the death is formally verified and recorded by the court. For the record, it is possible the process could take a few weeks.
Do People Sometimes Fake Their Deaths?
It is rare but not unheard of for defendants to attempt to fake their deaths in an attempt to avoid being held responsible for their actions. Courts are aware of this possibility, which is one reason they insist on seeing a death certificate or coroner's report. Even then, they will thoroughly vet the death notice to ensure its authenticity. If it is discovered to be a fake:
- A warrant will be issued for the arrest of the accused.
- Additional criminal charges, including fraud and obstruction, will likely be added.
- The bail that was originally posted will likely be forfeited.
"Colorado needs three times the number of public defenders it employs today to meet new workload standards for criminal defense, according to a national study backed by the American Bar Association."
SOURCE: Colorado Sun
But let's say the defendant obtained a bail bond, that they actually died and that fact was verified by the court. What happens to the bond?
Once the court verifies the death of the defendant, the bond is declared void and the bondsman is released from the financial obligation associated with the bond. The bail agent keeps the fee that was paid by the defendant or their representative as reimbursement for the time they spent on the case. Remember, it is clearly stated upfront that the fee paid to the bonding company is non-refundable.
There is one caveat to this scenario that could complicate things, and that is if the court is not notified in a timely fashion that the defendant has died and ends up issuing a warrant for failure to appear. Should that happen, the bondsman may be exposed to the risk of forfeiture of the bond and need to do additional work to clear up the situation. The best way to avoid this is to notify the court of the defendant's death without delay.
If someone dies in Colorado after posting bail but before their scheduled court appearance, the defendant's lawyer, the relevant bail bondsman or a representative of the deceased must move quickly to file an official death certificate or coroner's report to the court to prove the person died.
This short video provides some useful tips on obtaining a death certificate.
Once the death is confirmed by the court, the criminal charges against the defendant are dismissed and the bail is terminated. If the defendant paid cash, a viable representative will need to file the necessary paperwork to claim the bail money. If there is no known family member or other eligible recipient, the court may hold the money for up to several years. If no one comes forward, the state may end up keeping the money.
What About Unclaimed Bail?
If a defendant who paid their bail in cash dies without leaving an easily identifiable beneficiary or estate, the court may hold the bail money for a period of time, occasionally as long as several years. If still unclaimed, the bail money may then default to the state. Any family members or other parties with a potential claim to the bail money must make an effort to contact the court and file any necessary paperwork as soon as possible after the defendant's death to prevent this from happening.
If a bail bond was involved, the bail agent will be released from any financial obligation and the bond exonerated. The bondsman will retain the service fee paid by the defendant or their representative as per the conditions of the bail contract.
Get in Touch With Tayler Made
For fast and easy 24-hour bail bonds, get in touch with Tayler Made. We provide affordable bail bonds for those in need of a little help securing their release.
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Learn more about the 24/7 bail bonding services we offer throughout the Denver metro area – or call our team for immediate assistance.Contact Info
Tayler Made Bail Bonding is available 24 hours a day and 7 days a week.
(303) 623-0399email@taylermadebailbonding.com
3595 South Teller Street
Suite 300A
Lakewood, CO 80235
@TaylerMadeBail