Louisiana Bail Bonds Practice Exam

What happens if a surety does not comply with an estreat?

1. The bond is renewed

2. The bond is forfeited

3. The defendant is released

4. A new trial is ordered

The correct answer is: The bond is forfeited

When a surety does not comply with an estreat, the bond is forfeited. An estreat is a legal process wherein a court orders the forfeiture of a bail bond due to the surety's failure to adhere to specific court orders or obligations related to the bond. This process serves to ensure that the surety takes responsibility and recognizes the significance of the bond they’ve undertaken. In this scenario, the forfeiture of the bond acts as a penalty for noncompliance, meaning that the court can reclaim the amount of the bond as a consequence of the surety’s actions. This serves as a deterrent to ensure that sureties fulfill their responsibilities when underwriting bonds for defendants. The other options do not accurately reflect the consequences of noncompliance with an estreat. For example, renewing a bond or ordering a new trial does not apply in cases of estreat as they aren't responses to the surety's failure. Likewise, simply releasing the defendant would negate the purpose of bail and the surety's responsibility.