When someone is arrested, a judge might set bail, allowing them to be released from jail while awaiting trial. A bail bond is essentially a promise (often backed by money or property) that guarantees the defendant will show up for all required court dates.
But what happens if that promise is broken? That’s where bond revocation comes in.
Bond revocation means the court takes back its decision to release the defendant on bail, forcing them to return to custody. This article will explore the meaning of “revoke bond,” the reasons why a bond might be revoked, and what the consequences are for the defendant.
What is a bail bond?
When someone is arrested, a court may require them to pay bail. Bail is a payment that ensures a defendant will appear in court for all required hearings.
A bail bond is a way to pay bail without using the full amount. Instead, defendants can pay a bail bondsman a small fee (usually about 10 percent of the total bail). The bondsman then “bonds” the full bail amount.
This involves the defendant, the court, the bail bondsman, and sometimes a co-signer.
Reasons for bond revocation
Once you’ve been released on bail, there are several things that could cause the court to revoke your bond.
Failing to appear in court
One of the main reasons a judge revokes bail is that the defendant didn’t show up for a scheduled court date. By agreeing to bail, you’re promising the court that you’ll be present for all legal proceedings.
Violating bail conditions
The court may require you to adhere to certain conditions while you’re out on bail. These might include avoiding contact with the victim, staying away from certain locations, attending counseling or rehab, and/or agreeing to drug or alcohol testing. Violating any of these conditions could lead to revocation of your bond.
Committing new crimes
If you’re arrested for a new offense while you’re out on bail, the court may revoke your bond. This demonstrates a disrespect for the law and the court’s authority.
Other violations
Other actions that could trigger bond revocation include tampering with evidence or witnesses and violating substance abuse restrictions.
What happens when a bond is revoked?
If a judge revokes a defendant’s bond, there can be significant repercussions.
Return to custody and bench warrant
First, the defendant will have to return to jail. If the defendant doesn’t turn themself in, the judge will issue a bench warrant for their arrest.
Financial implications
If the defendant or their family paid the full bail amount to the court, that money will be lost. If a bail bond was used, the co-signers or bail bondsmen will face financial consequences. The person who signed the agreement guaranteeing the defendant’s appearance (the indemnitor) becomes responsible for the entire bail amount. Bail bond premiums are never refundable, and any collateral used to secure the bond (like property) can be seized.
Impact on legal defense
Being in jail makes it harder for a defendant to work with their lawyer and prepare their defense. Revocation can also negatively affect any plea negotiations the defense attorney is undertaking.
Can a revoked bond be reinstated?
Yes, it’s possible. If your bond has been revoked, you can ask the court to reinstate it.
However, the judge has the final say. They can deny your request.
When considering reinstatement, the judge will look at why your bond was initially revoked, your past record, and how serious the charges against you are. They’ll also consider whether you seem willing to follow the rules going forward.
If you’re facing bond revocation, it’s a good idea to hire an attorney.
Closing Thoughts
To recap, bond revocation means you could be sent back to jail to await trial. It’s a serious consequence of violating the terms of your release.
It’s essential to understand and follow all bail conditions. Set reminders, and be sure to show up for every court date. Compliance prevents revocation.
If you’re facing bond-related issues, seek legal assistance. A bail bondsman can help you secure bail or reinstate a revoked bond.