How do you get a bond reinstated after it has been revoked?
Recently on our legal forum a user asked, “If I was arrested for burglary and the court let me out on bond but the bond was revoked, is there any way to get the bond reinstated?”
What is a bond?
Individuals accused and charged with a crime may be released from police custody while they await their trial. To ensure the accused returns for the trial, however, the court may require the accused to pay bail money, money which is forfeited if they fail to appear at court for the trial.
Families that have sufficient funds can pay the required bail money from their own financial resources. Families who do not have money, however, will have to get a loan from a bail bond company, generally by securing the loan with collateral. The bail bond company then agrees to pay a portion of the bail for the accused, with the understanding that the full amount of bail will be paid if the accused decides not to show up for their trial.
If the accused decides to flee, not only do they forfeit whatever collateral they used to secure the bond, in some cases, the bond company will also send a bounty hunter find them.
Does everyone get bail?
Although many alleged criminals will be released on bail, many are not. In fact, whether or not the accused will be released on bail or bond is up to the court. For example, in some cases the crimes are so egregious the court will intentionally set the bail so high that getting enough money to get on bail is impossible. If this occurs, the accused will be held in jail until their trial date.
Why would the bond be revoked?
Now, the question from the user mentioned that the bail for their burglary case had been revoked. Without more information it’s impossible to say why it was revoked, but the most common reason bail is revoked is because the defendant fails to appear in court. If this occurs, the court will keep the bond issued by the bond company and issue a warrant for the defendant’s arrest.
Another common reason a bond can be revoked is if the defendant commits another crime. In this case the court simply issues another arrest warrant, revokes bail, and generally refuses to allow bail a second time.
The prosecutor may also have reasons to revoke a bond, which may or may not rise to the level of criminal charges. For example, actions which the prosecution feels could jeopardize their case may result in a bond revocation.
Finally, bond can be revoked at any time for any reason if the bond company decides a defendant is not following the terms of the bond agreement. For example, if the defendant gave some indication that they were planning to jump bail the bond company may decide it’s in their best interest to terminate the relationship. Reasons for termination for bond should be outlined in the contract signed with the bail bond company and included in the conditions of bail issued by the court.
Can I have bond reinstated?
If the bond was forfeited due to a defendant’s violation of their conditions of bail, in some cases, the defendant’s lawyer may be able to file a bail remission motion to have the bond money that was forfeited refunded.
There are very specific reasons the court may allow the forfeiture to be set aside: the government did not spend any money to apprehend the defendant, the defendant did not willfully violate the terms of their bail, or the state’s case was not prejudiced by the defendant’s actions.
Whether or not bond can be reinstated in your case will depend on the charges of the crime, how long it’s been since the bond was forfeited, and whether the court judge has reason to refund the bond. Due to the complexity of criminal cases it’s generally a good idea to discuss your case with a criminal defense lawyer and have them file the bail remission motion.
Category: Criminal Law
Previous QuestionHow do I get a temporary order of protection dropped?
Joint bank accounts may not be protected from garnishment.