Can A Bail Bond Be Revoked? Know What Could Happen
If you are helping someone get out of jail by posting bail, you are giving them some temporary freedom to go back to their regular life until their court date. However, it is possible for the bail bond to get revoked based on the accused person's actions. Here is what you need to know about a bail bond being revoked:
Who Is Allowed To Revoke Bail?
Each state has their own rules regarding why bail can be revoked, so it's important to read up on the specifics regarding your situation. That said, it is common for the bondsman to be allowed to detain the accused person or revoke their bail. The bondsman can make this decision if they feel like the person is not following the conditions of their release from jail, or they are showing signs of being a possible flight risk and losing the bail to the courts. A bondsman is not allowed to revoke someone's bail if they are late on making payments for the bond, since there are other legal methods to deal with a breach of the payment agreement.
Judges and prosecutors also have the ability to revoke a bond, but the defendant will always be able to defend their behavior that may have triggered the request.
Why Can Bail Be Revoked?
While bail can be revoked for a variety of reasons, there are some common causes that will make it happen immediately. If the accused person fails to show up to court, that is a clear violation of the terms of their release from jail. If the person commits a crime while out on bail, it will be revoked immediately as part of their new arrest. Once bail is revoked, a judge issues a warrant for the person with orders to bring them back to jail.
What Happens To The Bail Bond?
Having bail revoked means that the bond money will be lost to the court. As the person that posted the bail money, you will need to file a motion with the court to request that the money is returned to you. If allowed, all legal fees will be taken from the bond money prior to returning it.
If you used a bondsman for help posting bail, you will be responsible for paying the money that was lost to court fees. If you gave collateral as part of the bail bond, the bondsman may retain the collateral if you do not come up with the cash for the lost bail money.