If you have secured pretrial release through bail in California, you might wonder whether the court can revoke your freedom. Yes, the court can revoke your bail if you violate the condition imposed before your release. Understanding the situations that trigger a revocation, the consequences of bail forfeiture, and how a bail bond service can help in your situation is crucial when you face a criminal court proceeding.
What Triggers Revocation
California statutes outline the specific circumstances under which bail can be revoked. The court, your bail bond service, or your bail bond contract cosigner can initiate bail cancellation. However, it is the court that has the formal bail revocation decision. The court must consider various factors before revoking bail, including flight risk, threats to the public, and a criminal record. The bail bondsman and your cosigner can only speak out about the violation.
The court will order bail revocation if you breach the bail terms imposed before release or if new evidence emerges that could have led to bail denial if the court had been aware of the circumstances when ruling on bail.
A bail bondsman is a professional who enters into a bail bond contract with you, the defendant, and the court to guarantee your pretrial release and take responsibility for your court appearances. The bail bondsman promises to pay the court the full bail if you engage in a violation or deposit a surety bond to guarantee your release. A violation of bail would trigger a bond forfeiture, which means the bail bondsman is invested in your court appearances; otherwise, they risk losing money. So, when you engage in a bail violation, such as fleeing town to avoid trial, the bail bondsman is responsible for hiring a bounty hunter to find you and present you in court before they forfeit the surety bond. When the company arrests you for the violation and presents you to court, they initiate a bail revocation to release you from the bail bond contract.
A cosigner or indemnitor has a huge responsibility in a bail bond contract. They pay your premium and deposit collateral with the bail bonds company to act as security in case the bail bonds are forfeited. If you violate bail and the company incurs a loss, they sell the cosigner’s collateralized property to recoup those losses. Therefore, your cosigner can lose a lifetime investment if bail is forfeited. Despite this huge responsibility, cosigners have rights. They can report a planned violation to the bail bondsman, who then notifies the court so that bail can be revoked and the bail bonds contract terminated. Bail revocation prevents a forfeiture, protecting the asset or property used as collateral. So, if your cosigner discovers you plan to flee town, commit a crime, or engage in any other form of bail violation, they can report you, leading to bail revocation.
The court can issue a bail revocation due to several reasons, including:
• Skipping scheduled court proceedings without valid reasons
• Making a false representation in court or when filling out bail forms to qualify for pretrial release.
• Cosigner withdrawing from the bail bond contract due to a loss of trust in your willingness to comply with the bail terms.
• Committing another crime while on the outside
• Failure to pay the bail bond premium if the bail bondsman had agreed to a payment plan, which involved paying a deposit for the defendant's release and the balance in installments.
• Relocating or changing addresses without notifying the relevant parties
Consequences of Bail Forfeiture
When you violate bail terms set by the court and bail bondsman, the court mails you and the bail bondsman a notice of bail forfeiture. The court gives the bail bondsman 180 days to produce you in court or risk forfeiting the surety bond deposited on your behalf. If the company produces you in court within the period, the court vacates the forfeiture, and the bail bond is exonerated.
Additionally, if you had valid reasons for skipping court, such as medical emergencies or arrest outside the state, your attorney can file a relief motion, requesting the court to vacate the forfeiture. If you appear for the court hearing and the court determines that there was a violation, they can revoke your bail and hold you in custody, allow you to hire another bail bondsman to finance your pretrial freedom, or revise your bail terms by imposing harsher conditions.
If you do not appear within the forfeiture period, the court will issue a summary judgment, demanding that the bail bondsman pay the full bail. Besides, you can face additional charges for failure to appear and have a record of skipping court, which can affect your future bail applications.
After a bail violation, the bail bondsman forfeits the bond deposited with the court. If the cosigner initiated the revocation and withdrew from the contract, they will be released from the contract's financial obligations. However, when the defendant commits a violation that leads to revocation and bail bond forfeiture, the bail bondsman holds the cosigner liable for the full bail amount. They will go after the cosigner’s assets used to collateralize the bail bond and sell them to recover the money lost.
All parties to the contract, including the arrestee, the indemnitor, and the bail bondsman, suffer losses due to a bail forfeiture.
How Bail Bonds Help Salvage the Situation
Navigating pretrial release on bail can be challenging, which is why you need a bail bonds company to guide you through the process. The bail bondsman is motivated to ensure your compliance with court conditions because a violation means bail forfeiture. Therefore, partnering with a bail bondsman is crucial when navigating pretrial release. The work of the bail bondsman does not end when you are released. They will work with you until the case ends.
Also, if you commit a violation, such as skipping court, the bail bondsman will find you and present you to the court before it issues an arrest warrant. Further, the experts work closely with a legal defense team during the court hearing to prove that you missed court for valid reasons, so the court can vacate the forfeiture.
If the court revokes your bail and sets a new bail, you can find another bail bondsman to finance the release, even if the amount is higher. Additionally, your bail bondsman can help you file a bail reinstatement motion, requesting the court to review the initial revocation.
Find a Reputable Bail Bondsman Near Me
Bail revocation can have severe consequences, especially on the defendant and cosigner. However, familiarizing yourself with the bail revocation triggers can help you avoid violations that could lead to a forfeiture. Even if a revocation happens, there are several steps you can take to prevent forfeiture. However, you need an experienced bail bondsman to salvage your situation.
At Future Bail Bonds, we have competent bail bondsmen who will guide you through the criminal court case until the trial without a violation. Call us today at 714-515-5154 to discuss your case in California.