If a defendant posts a bond and does not appear, what must the court do?

If a defendant posts a bond and does not appear, what must the court do?

• A. Report the bond forfeiture to the DPS
• B. Hold a new hearing
• C. Issue a warrant for arrest
• D. Notify the defendant via mail

Answer: (A)

When a defendant posts a bond and subsequently fails to appear in court, the appropriate action the court must take is to report the bond forfeiture to the Department of Public Safety (DPS). This step is crucial because it formalizes the court's acknowledgment that the defendant did not comply with the court’s requirements, and the bond is forfeited. The bond serves as a financial assurance for the defendant's appearance, and when that assurance is breached, it must be documented with the relevant state agency to maintain oversight and accountability in the legal system. The other options, while they might seem reasonable in certain contexts, do not reflect the immediate procedural requirements following a bond forfeiture. A new hearing may not be necessary at that moment, issuing a warrant for arrest is a separate procedural step that may occur later in the process, and notifying the defendant via mail does not address the immediate responsibility of reporting the bond's status to the DPS. Therefore, reporting the bond forfeiture is the correct and required course of action in such circumstances.

When a defendant posts a bond and subsequently fails to appear in court, the appropriate action the court must take is to report the bond forfeiture to the Department of Public Safety (DPS). This step is crucial because it formalizes the court's acknowledgment that the defendant did not comply with the court’s requirements, and the bond is forfeited. The bond serves as a financial assurance for the defendant's appearance, and when that assurance is breached, it must be documented with the relevant state agency to maintain oversight and accountability in the legal system.

The other options, while they might seem reasonable in certain contexts, do not reflect the immediate procedural requirements following a bond forfeiture. A new hearing may not be necessary at that moment, issuing a warrant for arrest is a separate procedural step that may occur later in the process, and notifying the defendant via mail does not address the immediate responsibility of reporting the bond's status to the DPS. Therefore, reporting the bond forfeiture is the correct and required course of action in such circumstances.