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Securing your release from legal custody on bond following an arrest comes with great relief because you can work hand in hand with your attorney and be around your family as your case continues. However, this freedom comes with several responsibilities, including frequent check-ins with your bail bondsman.

These check-ins are a crucial part of your bail bond agreement that you or your cosigner sign when securing your release from jail on bond. When you fail to comply with these conditions, the bail bondsman could file a motion requesting the court to revoke your bail. If the court grants the motion, the judge will revoke your bail.

That means the police will have the authority to arrest and detain you, pending a hearing to review the circumstances of the bail revocation. Adhering to the terms of your release is vital if you are out of legal custody on bail.

Understanding What Bail Bonds Are and Their Purpose

Bail bonds are vital in the pretrial process following an arrest. Bail bonds help you stay out of legal custody as the alleged charge proceeds through various stages of the court system following an arrest. To secure a bail bond, you or a loved one (cosigner) has to contact a licensed bail bondsman.

The bail bondsman will typically require you to pay ten (10) percent of your bail amount as a service fee or premium. Once the bail bondsman receives this percentage, he/she will begin the bail bond process.

How long it will take to secure your release from jail after paying the premium depends on various factors, including how many arrestees are waiting to secure their freedom on bail, how many officers are on duty, and the amount of paperwork needed. Contacting a bail bondsman soon after your arrest can help expedite the bail process, but you must comply with the terms of your release.

Failure to do so could attract serious consequences, including bail revocation and the possibility of detention as your underlying case continues. Therefore, complying with the conditions of your release on bond is vital to avoid having your bail bond revoked. If you wonder why bail gets revoked, your attorney or bail bondsman can help provide more insight.

Who May Revoke a Bail Bond?

The ability to revoke a bail bond depends on the terms and conditions established by the bail bondsman and the court. Generally speaking, the following parties have the legal right to initiate the bail revocation process:

The Bail Bondsman

When you opt to secure your release from jail using a bail bond, the bondsman has the right to revoke your bail if you pose a risk or violate any requirements and conditions of your pretrial release on bond. Since a bail bondsman has his/her money on the hook for your freedom, he/she will do his/her best to ensure your compliance with the terms of your pretrial release on bond.

For example, your bail bondsman could require frequent check-ins to ascertain your availability for an upcoming court appearance. When you miss a check-in, the bail bondsman will immediately begin reaching out to you or your cosigner to know your whereabouts and limit his/her risk.

If your whereabouts are unknown or unclear, the bail bondsman will contact the court that offered the bail to notify it that you have breached the terms set for your pretrial release on bail. After receiving this formal notice, the court could issue a bench warrant, authorizing the police to arrest and detain you.

Moreover, the judge could start the proceeding to determine whether to revoke your bail or reinstate it under the same or modified conditions. Ensure you have a skilled criminal defense attorney during this hearing to increase your odds of securing a favorable outcome.

The Cosigner

If someone designs to cosign your bail bond agreement, it shows an act of trust because the person agrees to take financial consequences when you skip bail or fail to make your court appearances. However, when the cosigner believes you are likely to violate the terms of your release on bond, he/she has the right to inform the bail bondsman to initiate the bail revocation process.

However, it is worth noting that the policies and processes of cosigner-initiated bail bond revocations could vary. A reliable bondsman will guide you through every stage to ensure the bail revocation process goes seamlessly, professionally, and legally.

The Court

The court that offered you a release from jail on bail has the constitutional right to revoke your bail whenever you breach any condition or requirement of your release. For example, when you commit another crime while out on bail, the court could revoke your bail and give the police a bench warrant, which authorizes them to arrest you.

Having your bail bond revoked can be a confusing and stressful experience. In addition to negatively impacting your freedom as the alleged case continues, you could face legal consequences. However, there is a high chance everything could end in your favor if you have a skilled criminal defense attorney.

What it Means After the Revocation of Your Bail Bond

When the bail bondsman decides to initiate the bail revocation process, it means he/she want the court to cancel your bail, meaning you should return to jail. The repercussions you could face after the bail revocation process depend on the unique facts of the revocation.

Here is an overview of what could happen to various parties involved in the bail bond process when the court revokes your bail:

You, the Defendant

As the defendant, you could lose your pretrial release privileges, and the court could require you to remain in legal custody as your case continues or modify your release terms and requirements. Since skipping is a separate crime, the prosecutor could file new charges against you under Penal Code 1320.5. After a conviction for this violation under this statute, your penalties could include up to three years of jail time and a fine of up to $10,000.

If your criminal defense attorney shows a genuine and reasonable reason for skipping bail, like a medical emergency, the court could reinstate your bail on the same or modified conditions.

For Your Cosigner

If your cosigner initiated the bail revocation process, he/she will no longer be financially liable for your freedom. However, the cosigner will not receive the premium he/she paid to the bail bondsman as a premium for your pretrial release on bond while awaiting the outcome of the alleged violation.

If the bail revocation was due to a breach of the requirements for your pretrial release on bond, the bail bondsman could hold the cosigner liable for other costs. The bail bondsman could also forfeit any collateral the cosigner surrendered as security for your pretrial release. The collateral could be anything of value, including land, a vehicle, a boat, or jewelry.

Understanding why bail gets revoked is essential if you are out of legal custody on bond, mainly if you worked with a cosigner to avoid putting his/her money and assets on the line.

For Your Bail Bondsman

Once the judge revokes your bail, he/she will require the bail bondsman to pay your full bail amount. Since this loss could be immense, the bail bondsman will forfeit and seize any collateral you or the cosigner surrendered as security for your pretrial release as the alleged case continues.

In addition, the bail bondsman will also contact a bounty hunter and request him/her to trace your whereabouts and bring you into legal custody. Since a bounty hunter receives his/her payment after services, he/she will do his/her best to trace your whereabouts and bring you into legal custody as soon as possible. However, there is a limit to what a bounty hunter can do. For example, a bounty hunter:

  • He/she cannot pose as a law enforcement officer or wear a badge that makes him/her appear as one

  • He/she cannot forcibly enter your home or residence, but he/she can contact the police to have you arrested

  • He/she cannot arrest and detain you without informing the relevant law enforcement authority first

  • He/she cannot kill you

To avoid the difficulties and stress associated with bail bond revocation, you should comply with all the terms and requirements of your pretrial release. If you are unsure of anything during that period, contact your bail bondsman to clarify your uncertainties and worries. Understanding why bail gets revoked can help you avoid making mistakes that could lead to a re-arrest.

Having your bail bond revoked is an issue you would not want to deal with, regardless of the seriousness of the underlying charge, because the possible repercussions could be life-altering.

Additionally, it can negatively affect the outcome of the underlying charge because you will lack adequate time to work with your attorney if the court decides you should remain in custody as your case continues. Understanding why bail gets revoked can help you make an informed decision while you or a loved one is out of legal custody on bond and you are the cosigner.

Common Reasons Why Bail Gets Revoked After Securing a Pretrial Release on Bond

A cosigner, the court, or a bail bondsman could decide to have your bail bond revoked if any of the following is true:

You Missed a Court Date

Failing to appear on the scheduled court dates is a serious issue if you are out of legal custody on bond. After securing your release from jail on bond, the court will expect you to attend all the scheduled court hearings to challenge the allegations filed by the prosecutor against you. These court hearings include the following:

  • The pretrial hearing

  • The trial hearing

Unless your attorney can provide a viable reason for your failure to appear on your court dates, this issue will likely make the court revoke your bail and issue an arrest warrant.

You Violated Your Bond Conditions

You must adhere to all the court-set terms of your release from jail on bond until your case ends. When you violate any set terms and requirements, the bail bondsman could file a motion, requesting the court to revoke the bail. Examples of crucial terms the court and the bail bondsman will expect you to comply with while out on bail include:

  • Make frequent check-ins with a court-appointed bail officer or the bail bondsman representative

  • Abstain from alcohol and other controlled substances

  • Refrain from contacting the victim of the offense, especially in domestic violence-related cases

  • Refrain from traveling out of state or country

  • Avoid committing another offense

You Committed a Criminal Activity While Out on Bond

Committing another crime while you are out of legal custody on bond is another reason the court could revoke your bail. In addition to being a breach of your terms of release from jail on bond, doing unlawful activities during this period shows your disregard for legal authority and the law. That means there is a high chance the bail bondsman's motion to the court to revoke your bail bond could be successful.

You Provided Misleading Details

Providing any misleading information when you are required to is one of the reasons why bail gets revoked. After securing your release from jail on bond, the bail bondsman and the court expect you to provide the correct information about your whereabouts. Ensure you give the correct information to the court-appointed probation officer or the bail bondsman when requested by any of them.

If you are unsure what to tell them, consult with your attorney to avoid disclosing information that could negatively impact your case’s outcome.

You Have Not Paid the Bail Bondsman What You Owe

A bail bondsman is lenient enough to allow you to settle his/her premium in installments while you are out of legal custody on bond. When you fail to adhere to the terms of your release, including settling his/her premium (10% of your bail price), the bail bondsman could request the court to revoke your bail.

Ensure you speak with your bail bondsman if you have any challenges clearing any arrears of the premium. A reliable bail bondsman could offer you a flexible way to settle the premium without a hassle, including using:

  • Cash

  • Paypal

  • Western Union

  • Bitcoin

If you do not follow the conditions of your pretrial release on bail bond, it is simple to have your bail bond revoked.

Find a Bail Bondsman Near Me

Having your bail bond revoked does not mean all hope of remaining out of legal custody as your case continues is lost. With the legal assistance of a skilled criminal defense attorney, you could convince the court to reinstate your bail or modify the terms of your release.

At Alana’s Bail Bonds, we comprehend the consequences of having your bail bond revoked by the court after securing your pretrial release on bail. That is why our bail bondsmen are available 24/7, ready to help if you have any bail-related issues, including what to do while you are out of jail on bail.

Call us at 619-468-9333 to schedule an appointment with our credible bail bondsmen if you need help securing a bail bond for yourself or a loved one in jail in California.