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Upon your arrest, posting a bail bond in California can help you obtain your pretrial release. However, some binding conditions are attached, and failure to honor those conditions could lead to bail bond revocation and you being taken back to jail. California law allows the courts to impose bail conditions, including attending all hearings, obeying all laws, and following travel restrictions. Licensed bail bondsmen manage the financial guarantee under regulations enforced by the California Department of Insurance.
When you violate the bail conditions, the court can issue a bench warrant, forfeit the bail bond, and re-arrest you. Your cosigners also risk losing money or collateral they had put up to secure your pretrial release. This guide will explain reasons for revoking bail, how the revocation process works, and the consequences of revoking a bail bond.
Understanding Bail Bonds in California
The Purpose of Bail in the California Justice System
Bail in California is a financial guarantee that a defendant will appear in court if released before trial. It strikes a balance between a defendant’s right to be free before trial and the safety of the general population.
Judges consider several factors when setting bail, including the charges’ seriousness, criminal history, flight risk, and ties to the community. In the 2021 In re Humphrey, the ruling emphasized that individuals cannot be jailed solely because they cannot afford bail, shifting focus toward non-financial conditions for release. However, bail is still a conditional privilege; you must comply with all release terms or risk revoking your bail bond.
Types of Bail
California has three primary types of bail:
Cash bail is paid in full to the court and refunded if you attend all court hearings as required.
Surety bonds involve a bail bonds company covering the full bail amount if you fail to appear in court. You only have to pay for the service, a non-refundable fee of about 10% of your bail. The bond is also secured with collateral.
Property bonds are paid through property such as real estate and require sufficient equity and legal documentation.
Who Can Revoke a Bail Bond
Role of Bail Bondsman
Bail bond companies in California can initiate bail bond revocation if you violate the terms of your release or are seen as a flight risk. This includes failure to appear in court, committing new offenses, or attempting to flee. Since the bail bondsman is liable for the full bail amount if you flee, they can use legal means to take you back to police custody.
Role of Cosigner
The co-signer, or indemnitor, is financially responsible for the bail bond and must ensure that you comply with court conditions. The co-signer may also seek revocation or surrender you if they feel you will not show up in court or are being irresponsible. To do this, the co-signer must contact the bail bond company, justify requesting your surrender, and know how to revoke a bail bond. The bail bond company will then surrender you to authorities following proper legal procedures.
Court Authority
Only the court can officially forfeit a bail bond. Still, the bail bondsman and co-signer may take actions, such as surrendering the defendant, that can help prevent forfeiture if done before deadlines outlined in Penal Code 1305. The judge can issue a bench warrant for your arrest in this situation. The court can also revoke your release if you were released on your own recognizance. The revocations are enforced by law enforcement based on a court order or a request by the bail bondsmen.
Reasons for Revoking a Bail Bond
Several situations can lead to bail bond revocation, each with serious consequences such as re-arrest and bond forfeiture. This includes:
- Flight Risk: Under Penal Codes 1275(a) and 1305, the court may revoke or increase bail if it determines that you pose a flight risk, depending on the seriousness of the charges, your criminal record, or the absence of ties to the community.
- Breaking Release Conditions: You must comply with strict court-imposed conditions such as curfews, drug testing, or no-contact orders. Violations of Penal Codes 1320, 1320.5, and 1203.097 can lead to immediate revocation.
- New Criminal Charges: Committing a new offense while on bail demonstrates that you may pose a risk to public safety. Penal Code 12022.1 imposes additional penalties for committing a felony while on bail, including potential sentencing enhancements if convicted of both offenses.
- Co-signer Withdrawal: A co-signer (indemnitor) may request that the bond be revoked if they lose confidence in your likelihood of appearing in court or fear losing money.
- Failure to Pay Bail Premium: While non-payment of the bail premium may prompt a bail bondsman to request revocation, such action must follow legal procedures and may require court involvement.
- Feloniously Obtained Funds: Penal Code 1275.1 allows the bail to be revoked when the money used to pay the bail is suspected to be illegal until the origin of the money is proved to be legal.
- False Information: Misrepresenting oneself on bail forms or to the court, in terms of identity, finances, or criminal record, may lead to revocation and new charges under PC 118 and PC 1275.1.
Applicable California Penal Code Sections
Key laws like PC 1305, 1320, 1275.1, and 12022.1 outline the reasons for revoking bail, failure to appear consequences, bail fund scrutiny, and penalties for committing crimes while on bail. This underscores revoking a bail bond lawfully and adequately.
Why a Co-signer Might Choose to Cancel a Bail Bond
Signing a bail bond is a big responsibility that puts the indemnitor under financial obligation if the defendant does not comply with the court requirements. A co-signer may request bond revocation through the bail bondsman if they believe you may not appear in court or comply with release terms. A frequently cited justification is the discovery that you misrepresented information.
The Emotional and Financial Cost of Co-signing
Acting as a co-signer for a defendant involves substantial emotional and financial risk. If the defendant fails to meet their obligations, the bail bondsman may sue the co-signer, lose valuable collateral (such as a home or car), and damage their credit. The common emotional consequences are anxiety and betrayal.
Requesting Revocation Through a Bail Bonds Company
To learn how to revoke a bail bond, co-signers must contact the bail bonds company, complete required forms, and possibly aid in the defendant’s return to custody. As soon as you are re-arrested, the co-signer is no longer liable; however, initial premiums are not refunded.
Consequences of Bail Bond Revocation
The Defendant Is Re-Arrested
Revoking a bail bond results in immediate re-arrest, often without warning. The police may carry this out under a court-issued warrant or by a recovery agent employed by the bail bond company.
Effect on the Original Bail Sum and Collateral
The initial amount is usually lost to the court when bail is revoked because of a violation. With a surety bond, the bail bondsman must pay the full bail amount. The bail bondsman can recover losses by seizing any collateral provided, such as property or vehicles.
Co-signer liability
If the co-signer requested the revocation and the defendant was surrendered, they are usually relieved of future financial obligation, but the premium paid, which is not refundable, is lost. If the defendant violates bail conditions and the bond is revoked, the co-signer may be liable, lose collateral, and suffer credit consequences.
In California, revoking a bail bond and the aftermath affect everyone involved. A single breach may result in a series of legal and financial repercussions, and this interdependence and danger are profound between the defendant, co-signer, and the bail bonds company.
Possibility of a New Bail Bond
In some cases, a new bail bond may be issued following revocation. The court may reconsider the case depending on the nature and severity of the violation, the reasons for revocation, and whether you or a bail bondsman initiates the request. New terms can be more stringent and may include an increased bail amount or the requirement of another co-signer or additional collateral. In extreme cases, the judge can refuse to grant bail.
California Bail Bond Reinstatement
Bail bond revocation in California does not always mean the end of pretrial release. Your attorney or bail bondsman may file a motion to reinstate bail, allowing the court to reconsider the previous revocation.
You should determine the cause of revocation, collect the necessary documents, including evidence of compliance or acceptable excuses for absenteeism in court, and present the motion. Securing legal or professional assistance increases the likelihood of successful reinstatement and ensures compliance with the law.
Time, Costs, and Court Discretion
Timeframes: Restoration of a bond can take several days to several weeks, depending on the court calendar, the seriousness of the infraction, and the rate of filing. Minor issues are typically resolved more quickly than severe violations.
- Fees: Reinstatement has costs, including a $150 reinstatement fee and a $100 administrative fee under Penal Code 1305.2. The initial bail premium is not refundable.
- Court Discretion: The judges are given broad discretion. According to Penal Code 1305(c)(1), if you reappear or are surrendered within 180 days, the court may vacate the forfeiture and restore the bond, particularly when the bail bondsman is willing and has not surrendered the defendant.
How to Avoid Bail Bond Revocation
Tips and Advice For You and Your Family
Avoiding bail bond revocation requires strict compliance and proactive behavior. The most critical action is to abide by all bail terms issued by the court. For example, appearing in all court dates, keeping curfews, travel restrictions, electronic monitoring, and no-contact orders. Violating these terms is among the top reasons for revoking bail.
Committing a new offense while out on bail almost always results in bail bond revocation and may expose you to additional charges and enhanced penalties. Keep your bail bondsman updated; notify them of any changes in contact details or challenges in fulfilling terms in advance. Such communication can be used to avoid revocation.
Failure to make timely bail payments may lead the bail bond company to initiate revocation proceedings, subject to legal and procedural requirements. In addition, you should never leave the county or state without permission and follow protective orders.
Consult Your Lawyer
When you are in danger of revocation, consult an experienced criminal defense lawyer. They can explain how to revoke a bail bond properly, help with court negotiations, and represent you during a reinstatement hearing. It is necessary to have legal advice to prevent misunderstanding, defend your rights, and increase your chances of remaining free until trial. An attorney can also be instrumental in avoiding bond forfeiture or re-arrest.
The Bail Bondsmen and Legal Counsel in Reinstatement
Skilled attorneys and bail bond agents are very crucial in the reinstatement process. They assist in filing the motion correctly, responding to the issues of the court, and preparing the required agreement to resume the bond. Their involvement significantly increases the chances of success. California’s structured system for reinstating bail provides a meaningful second chance for defendants who act quickly and responsibly after bail bond revocation.
The Liability and Rights of the Bondsman under California Law
The California law closely regulates bail bondsmen. California law imposes ethical obligations on bail bondsmen, including restrictions on solicitation in jail, mandated fee disclosures, and compliance with licensing rules under the California Insurance Code. Breach of rules may result in disciplinary or criminal action. Bail bondsmen are entitled to surrender a defendant before bail forfeiture and have the legal authority to arrest or delegate arrest.
Find a Reliable Bail Bondsman Near Me
Maintaining your pretrial release in California requires that you observe all terms of the bail conditions and comply with the bail bondsman to the letter. Failure to appear in court, committing a crime while on bail, or violating the terms of your bond could result in a bench warrant, bond forfeiture, and re-arrest. This could have severe legal and financial implications for you and your cosigner. Cosigners can approach the bail bonds company and forfeit the bond before you even violate the bail conditions. This is so when they notice behavior such as a fleeing plan that threatens compliance. Understanding bail conditions, keeping in touch with your bail bondsman, and consulting an experienced defense attorney could help protect your freedom. Contact King Stahlman Bail Bonds today at 619-232-7127 to consult with our bail bondsmen, who will guide you on how you can maintain your pretrial release.
