In the court system, cases can take months to years for the next court date. To post bail is the ideal situation to wait for the scheduled court dates. However, posting bail comes with conditions of release. The judge sets these conditions. They include, but are not limited to:
- When the accused needs to appear in court
- Who the accused can contact and who may be related to the case
- Court Dates
- Where the defendant may travel and times he or she may be away from home?
- Alcohol or drug testing requirements
If the defendant violates any of the set conditions when released on bail before they appear in court, this could result in bail revocation. Do you wonder “What does ‘Bail Revoked’ mean?” It means the individual can be taken back into custody to await their next court date.
To avoid bail revocation and an arrest warrant, Bail Agent Network, along with David Gallagher Bail Bonds, suggest you adhere to conditions set, show up to the scheduled date for court, and do not commit any illegal activity while waiting for the court appearance.
In some cases, bail can be reinstated in spite of the violation when working with a bail bond agent. The bail bondsman would have to convince the judge that you misunderstood the conditions of your release or there were extenuating circumstances for your failure to appear in court. Working with a professional, qualified bail bond agent is the difference between an arrest warrant and being released.
The Bail Process
Bail bonds are not common in other places around the world. Only the United States and the Philippines offer this assistance. Bail bond occurs when an individual is accused of an offense and is arrested. After the arrest and processing are completed, bail is set for the defendant, depending on the nature of the offense. Bail is set based on the crime itself and the severity of the crime, among other things.
Most people cannot afford to post bail. Therefore, they contact a bail bondsman who puts forward the money needed for a defendant to be released to agree that the defendant will follow bond conditions. To receive bail bonds, one must do three things:
- Fill out all proper paperwork for the bail bond
- Pay a percentage of the total bond amount
- Provide collateral for the bail bond to the company
A bail bond can be costly. Ten percent of a bond can still cost someone up to $10,000, and with collateral, people are putting their homes on the line. It is important to trust someone whose bond you will be helping with–some families have lost their homes due to the accused individual jumping bail.
What is Bail Revocation?
A bail bond revocation is a legal proceeding when a person is charged with a crime and returns to jail after being released on a bond. This can occur for numerous reasons and requires probable cause to arrest the individual. The reasons are a defendant may face bond revocation are but not limited to:
- The defendant violated the conditions of bail
- The defendant was in possession of drugs or a firearm
- The defendant was arrested for another crime
- The defendant jumps bail
According to attorney Janet Portman, “both federal and state courts have procedures for revoking bail. In federal court, the Bail Reform Act of 1984 controls the process. Suppose the defendant commits a crime while out on bail, there’s a presumption that no conditions of release can keep the community. The defendant is given an opportunity to rebut or overcome the presumption but doesn’t get a full-blown trial.”
At that time, it is up to the judge to decide whether to revoke the bond or restate conditions of release. In addition to violating release conditions, the defendant may face fines, additional prison or jail time, and complete bond forfeiture.
Reasons a Court May Revoke Your Bail
Posting bail is one of the many practices that help the accused individual get out of jail for a period of time. Conditions of bail are set to ensure a defendant behaves appropriately when out, awaiting trial. When all conditions are met, the bail money is returned to the individual. It is not a fine. It is collateral that the defendant will adhere to all conditions of bail. If any of the conditions is not met, the refund is forfeited. Judges do not play with the bail conditions and all conditions must be strictly adhered to or the accused individual may end up back in jail without a refund of bail. Action on the behalf of the defendant can result in a revocation of bail money, so when signing for another’s bail bond, be sure you trust the individual you plan to bail out.
Bail is often removed for several reasons, most often relating to a defendant’s behavior. A judge could order bail to be suspended depending upon the defendant’s actions such as the defendant being arrested or in trouble when already out on bail. When it comes to a revoked bail, you need knowledge of how to potentially fight to achieve the best outcome possible. David Gallagher will help you in any way possible, if and when bail has been revoked.
Our team will always do our best to help you!
Why contact David Gallagher if the courts revoke bail?
Once a defendant has executed an action against bail conditions that result in bond revocation, the bond paid is forfeited, and the defendant returns to jail. If the defendant jumped bail and cannot be located, the courts will be legally obligated to issue an active arrest warrant until the defendant shows up or is arrested. If the defendant turns themselves in, a judge tends to be more understanding than if they were to continue avoiding the criminal case. With the assistance of an attorney and bondsman, the defendant will return to court, where they will have the opportunity to have the bail bond reinstated through remission. This will require permission from the bond agent. Due to previous actions on the defendant’s part, the fees will be higher. Nevertheless, it will still be cheaper than if an individual bought the bond outright.
Ideally, the defendant should contact a bail agent in advance and speak honestly under the protection of an attorney-client relationship on why they committed their actions. At David Gallagher Bail Bonds, we will be more willing to reinstate a bond if the client is honest and not actively trying to manipulate the situation. Bail bond agents are genuinely concerned about their clients jumping bail because it is more costly and a more significant burden to the bond company and the individual.