What is Bond Revocation?
The judge revokes someone’s bail for a variety of reasons, but before a person gets released on bail in California, they should first understand how they have to meet all the bail conditions. Before the arrested person gets released, they must first appear before the judge to set the terms of the bail. The bail conditions could range depending on the nature of the crime. For domestic assault cases, the judge will often set a condition where he must stay away from the victim and remain free of other criminal charges.
The Bail Process
To understand revoking bail, people should first learn about the bail process. This will normally involve someone visiting a bail agent who puts down a large amount of cash. Normally, a person will have to put 10 percent on the bail, but felony bail bonds are infamous for being expensive, and in some cases, 10 percent means as much as $10,000. Many times, an individual will have to put down collateral with the bail agent to ensure that they show up in court on the scheduled date. In some cases, mothers and fathers forfeited their entire houses when the defendant didn’t show up in court, so people have to truly trust the person they have given a bond for—never trust to emotions.
What Happens During the Bail Revocation Process?
The motion to revoke the bond can happen under many conditions, but it often happens because the person out on bail committed another crime. Under those circumstances, a motion to revoke the bond will be given, and the defendant will face a charge for a different crime. When this happens, the judge will often have a less understanding ear, and the possibility of having a bail bond reinstated will be less with the bail company because the defendant has already proven they can’t follow the conditions, and they go back to jail as a result.
Failure to Appear in Court
In the second situation where the bond revocation process comes into effect, it happens when the suspect fails to appear in court. Under federal law and virtually every state law, this means that the bond paid will be forfeit. In most states, including California, the failure to appear in court has become known as “Contempt of Court.” This classifies as a misdemeanor charge, but people will receive a failure to appear in court charge on top of any other charges they might have. This can be serious because in any future crimes committed, the bail will often be set higher, or the judge won’t give the option of bail at all, depending on their history.
Revoking Bail: Needs a Probable Cause
To withdraw the bond, California must give a “Probable Cause to Arrest.” Outside of California, the burden of responsibility to the prosecutor will vary. Some of the reasons to begin the bail revocation process include:
- The defendant violated a condition of bail.
- Police officers arrested the defendant for another crime.
- The defendant jumps bail.
Bail Revoked: What Happens Next?
After a person withdraws the bond, the next step usually involves forfeiting the bail money, and the defendant will have to go back to jail. If the defendant can’t be found, the court will issue an active arrest warrant, and these never go away unless the defendant has gone to the court system to deal with it. As a side note, if a person turns themselves in after an arrest warrant gets issued, the judge will usually be more understanding than if individual waits to get arrested. When the defendant goes back to court, he or she will have the chance to have a bail bond reinstated.
Usually, they will need permission from the bond agent to reinstate the bond. They will also have to pay the fees twice. In some cases, reinstating the bond will be a much cheaper choice than if an individual bought a second one. Under the ideal circumstances, the individual should have spoken with the bond agent in advance telling him that he missed the scheduled date. In most cases, the bond agent will be a little more willing to reinstate the bond. This shows they were honest and not trying to miss their court date. Bail bond agents have a real concern that the defendant jumps bail because it can become a bigger burden to them, and in those cases, they will often withdraw the bond.