A bond can be revoked in various ways. This can include when a person
surrenders the person subject to the bond to the sheriff, which often
happens because the accused has violated the terms and conditions of
his or her bail. The court can also revoke the bail, leaving the
accused subject to immediate arrest.
How it Works
Bond revoking can seem complicated, but in fact it is not as complex as
it sounds. When a person is arrested and spends time in jail, the only
temporary way to gain freedom is through the posting of bail. This bail
must be posted by someone other than the accused. A bail bond contract
must be signed to officialize the releasing until the set court date.
This freedom comes with specific conditions however. When a bail bond
contract is signed there are a set of rules attached. These rule vary
from bail bond to bail bond and can include prohibiting the accused
from handling firearms, leaving the state, drinking, or visiting bars.
If the accused does not comply with the set bail bond rule then the
contracts is broken.
A prosecutor can make the decision of whether or not to revoke a bond.
In the instance that a prosecutor decides not to motion to revoke a
bond, he or she will inform the defendant that he or she may now
petition the court to revoke the bond. This is based on the accused
notarized statement of threats, harassment, intimidation, or physical
violence against another.
Prosecutors often can assure their clients that a judge will not revoke
a bond, which will lead to imprisonment, unless he or she has violated
any of the set condition in his or her bond agreement.
Bail Bonding Agent
A bail bonding agent may also revoke a bond for nearly any reason at
all. In this case of a bond being revoked, most of the time the accused
is able to get back the agreed money. However only the court has the
authority to order the bail bonding agent to return the premium,
otherwise this part of the money is not refunded. A request to the
court must be made for the refund of a premium.
The bondsman has the ability to surrender and arrest the accused at any
time. Bail bond companies will only used this form of power if hard
evidence is found that the accused will not appear at the court date. A
cosigner may also change his or her mind, but this is not enough
evidence to revoke the bond.
The best way to ensure that a bond is not revoked is to abide by
contact rules. This includes any illegal activities during the bail
period. Adding more trouble to a current court date only makes the
court decision worse. Leaving the country is always unadvisable. Bond
officers are able to find out if a person leaves the country, thanks to
modern technology. Some bondsman have their contractees wear GPS
bracelets on their ankles.
When a contract is breached, the court has the right to revoke a bond.
This leads to jail time and the elimination of another bond opportunity.