BY | July 5, 2023

The criminal justice system is made-up of many different areas and bail is one of them. Bail offers a temporary lease to a defendant awaiting a trial. So, if you have been accused of a crime and you have had that crime accusation moved to a trial. You will be on bail, either conditional or unconditional, while you await the outcome of that trial. There are times, however, when bail may need to be revoked.

Understanding bail revocation, its process and how to initiate the revocation of a bail bond is important.The information can feel quite like an overload, but as bail serves as a critical aspect of the criminal justice system, you need to know everything to maintain being above board. If you understand the key aspects below, you'll be able to navigate the revocation process for bail with ease and confidence, without doubting the decision that you have made. Let's take a look at some of the steps involved, as well as the consequences of bail revocation and the procedure for going ahead with.

What is bail revocation?

The very first question to ask is what bail revocation is. It is the legal process of terminating or canceling a defendant's bail and ordering their return to custody. A person that has been released on bail is awaiting a trial to understand the outcome of criminal proceedings. Usually they are allowed out of a jail situation for that, with limitations.

For example, they may be able to be out of prison, but not be able to travel outside of a certain mile radius of their home. When it comes to bail revocation, the court determines the defendant may have violated the conditions of their bail, such as traveling further afield or using a passport. Or perhaps they present a risk to public safety, or they have failed to comply with the orders of the court. In these situations, bail can be reversed and a person that has been freed while awaiting trial will be held in a county or a local jail while they are waiting for that trial to go ahead. The court is the one that has the authority to revoke bail and this ensures order and guarantees the defendant's presence during legal proceedings so they cannot abscond.

What are the consequences?

When somebody has committed a crime or has been accused of committing a crime, they may be allowed to be in the community on bail under condition until their court date. When this happens, they are allowed to work and socialize and generally go about their day-to-day life, although with conditions. When that bail has been revoked, there are significant consequences for a defendant. The court is very clear about the rules of being on bail and when those rules are not adhered to, it doesn't go very well in the defendant's favor. So what are the consequences for the defendant when bail has been revoked?

• They will be returned to custody. Trials can take time to get from the docket to the actual courtroom, which means that a defendant being out on bail costs the state less time and less money. If that bail needs to be revoked, then the defendant needs to return to custody and be kept under lock and key until their trial date. Revocation can also result in a loss of personal freedom, which means that the defendant can lose their job, lose their home, and lose any means of contact with their friends and family on a regular basis.
• Forfeiture of bail money. If somebody or the defendant themselves has paid money to be on bail, then that money will be forfeited if the bail has been revoked. If the defendant is not compliant with their bail conditions, then their assets will also be forfeited. So if money or assets were used As part of the defendants release, these will be forfeited and not returned.
• The impact on the case. Revocation of bail is viewed very unfavorably by the court. After all, if somebody has been accused of a crime and then are unable to adhere to the bail conditions when there is plenty of opportunity to discuss those conditions and ask for help, then it's not going to look very favorable if the person is not listening to the rules. This can go against their case in general, and as the defendant has the opportunity to present a defense or explanation for alleged violations, the court will look at those facts, those arguments, and the risk to public safety.

How a bail bond is revoked

There are specific procedures as well as requirements for revoking a bail bond. The prosecutor and the court are both involved, so to initiate the revocation of a bail bond, the prosecutor has to petition or file a motion with the court. They need to have very valid and evidentiary reasons for revocation and that can include anything from the defendants failure to comply to new charges or other substantial violations.

The court will then review the evidence put forth and consider whether a revocation is warranted, keeping the fact that.If a person is not a danger to society, it may not be worth revoking their bail. If the court does decide to revoke the bond, it will issue a revocation order and authorize law enforcement to rearrest the defendant and take them into custody, returning them to jail. The bond becomes void and any funds or collateral used to secure the release have then been forfeited.

It's important to comply with court orders and maintain public safety, so bill revocation is a big step in the legal process. There are consequences to it and there are lots of steps involved in revoking a bail bond, so it's not just as easy as saying that the person has to come back to jail.It's crucial to ensure that you consult with legal professionals to ensure compliance and protect your assets if you have had your bail revoked.