BY | August 7, 2024

If you have co-signed a bail agreement on behalf of a loved one following their arrest, it’s likely that you acted quickly to secure their release from custody. Now that you’ve had time to consider the situation, though, you may be left asking “Can I revoke bail?” and want to know the best approach.

The short answer is that, yes, you can revoke bail in California. In this guide, we’ll discuss the reasons for revoking bail as well as the implications and steps you must take to complete the process.

Revoking Bail: What Does it Mean?

When helping a loved one post bail as a cosigner or indemnitor, you become responsible for the defendant’s bail. Depending on the agreement, you will need to pay the full cash amount or - more commonly - cover the bail bondsman's premium charge. Revoking bail, also known as surrendering bail, is when you inform the courts that you no longer wish to have this responsibility.

You can revoke bail at any stage between their release from custody and the trial. 

Why Revoke a Bail Agreement?

Ultimately, co-signers should not feel guilty about putting their needs first and can surrender a bail agreement for many reasons. Generally, it happens because you have lost confidence in the defendant and no longer feel comfortable with the financial exposure. 

Given that you are already asking “Can I revoke bail?”, it is likely that you have reached this point. Valid reasons for feeling this way include;

• You believe that the defendant plans to flee.
• The defendant has not taken their bail terms seriously.
• There is a chance that the defendant will commit a new crime.

Alternatively, your relationship with the defendant may have worsened, perhaps after discovering new details about the case. Or you may have found that the financial pressures are taking a toll on your health. Either way, taking your name off of the bail bond may be the best solution. 

The Consequences of Revoking Bail

Revoking bail isn’t something that people do without careful consideration. Even so, there are consequences that you must familiarize yourself with before making a decision. On a personal note, you will remain liable for the bail bond until the defendant has been re-arrested or found an alternative solution.

The consequences are potentially even bigger for the defendant. Once bail has been surrendered, the judge will put out a warrant for their re-arrest. One way to escape going back to jail, though, is for them to arrange a bail bond deal that doesn't require a co-signer. So, if you are a loved one who still has a good relationship with the defendant, informing them that you want to revoke bail gives them time to prepare.  

How Can I Revoke Bail: A Step-By-Step Guide

Now that you understand the process of revoking a bond and the consequences that follow, the next challenge is to learn how to revoke bail. Ultimately, the process will be determined by your relationship with the defendant and whether they will cooperate. 

Revoking Bail When the Defendant Cooperates 

When the defendant cooperates and wants to find an agreeable outcome, you can follow these steps;

• Step 1: Tell the defendant that you plan to revoke bail, explaining the reasons such as your financial struggles.
• Step 2: Help the defendant consider their options, such as arranging no money down bail bonds through a bondsman. 
• Step 3: Tell the bail bondsman that you no longer wish to be responsible for your loved one’s bail bond agreement.
• Step 4: Let the bail bondsman strike a direct agreement with the defendant or call the jail if requested.
• Step 5: Confirm with the bondsman that your role within the agreement has finished and continue to support the defendant.

Revoking Bail When the Defendant is Difficult

If the defendant does not cooperate, things can get a little more complex. however, you can stay in control of the situation by doing the following;

• Step 1: Find out where the defendant is located as this will make it far easier to handle their re-arrest.
• Step 2: Tell the bail bondsman that you intend to surrender the bond agreement, explaining your reasons.
• Step 3: Wait for the bail bondsman to inform the courts of the decision and await for the re-arrest warrant.

What Happens if the Defendant Can’t Be Found?

After revoking bail, the jail will issue a warrant for the defendant’s re-arrest - unless they have made a new bail arrangement - to take place immediately. Ideally, the defendant will cooperate. If they attempt to take flight, though, the bail bondsman is still responsible for getting the defendant back to the courts. As such, they may need to hire private investigators or take additional steps.

If this does occur, the costs will be passed on to you as the indemnitor. This is another reason why it is highly beneficial to have a positive relationship with the defendant. When you consider what happens to bail money and the fact that you will have to pay the full premium if the defendant doesn’t return to custody, you cannot afford to get this wrong.

Alternatives to Revoking Bail Bonds

Unless you have discovered something new about the case, it’s likely that you want to protect the defendant and only want to revoke bail as a way to protect yourself. Before you do, though, it may be worth considering the following options;

• Request that the defendant sets up a repayment plan with you to protect your finances and reduce potential exposure.
• Insist that additional bail terms are added, such as attending counseling, to reduce the risk of repeat offenses as well as flight.
• Ask for tracking devices to be used to ensure that the defendant remains within the State of California.
• Accompany the defendant to court hearings, thus providing support but also protecting your finances.
• Let the defendant know that you are prepared to revoke bail if they display signs that cause you to lose confidence.

Revoking bail isn’t enjoyable, but it can be necessary in certain situations. If you find yourself in this scenario, maintaining clear communication with your bondsman is essential. Contact Alana’s Bail Bonds to inform us of your intentions now.