Securing your pretrial release on bail allows you to return home, build your case defense, and continue spending quality time with your loved ones, going to school, and working. Nevertheless, bail and bail bonds come with conditions you must abide by. Otherwise, you risk facing severe consequences, including a rearrest, additional criminal charges depending on your case facts, and bail revocation. 

Consequences of Violating Your Release Conditions

Bail is the amount or property you post with the court to guarantee that you will attend your scheduled court hearings after your pretrial release. It is not a punishment imposed before the court determines your case, but a way to ensure you return to court without the need to detain you for the entire duration.  

However, you should adhere to the specific terms and conditions of staying out of custody while your case is pending. These conditions are as follows:

• Surrendering firearms and weapons to law enforcement
• Staying away from the victim or witness
• Driving and travel restrictions that involve surrendering your passport and driver's license
• Submitting to random drug testing
• Installing an ignition interlock device
• Home arrest 
• Electronic monitoring
• Engaging in community service 
• Avoid interacting with specific people or visiting specific areas.
• Engaging in drug or alcohol abuse rehabilitation 
• Maintaining your employment while on bail, and if you are unemployed, the court will require you to seek employment 
• If you are charged with driving under the influence, the court will order you to avoid driving your car while intoxicated.

Here are the different consequences of violating your release conditions

Failure to Appear in Court Charges as Additional Criminal Charges Based on Case Factors

It is an offense to fail to appear in court during your scheduled court hearings. The prosecution should establish the following facts of the crime before the judge can sentence you for failing to appear in court when required:

• You were found guilty of or charged with a crime
• You secured a release from police custody through bail or on your own recognizance 
• You willfully skipped bail
• You acted so intending to invade the court process

The criminal penalties of failure to appear depend primarily on the crime you are convicted of or charged with. If the alleged crime is a misdemeanor, the failure to appear is a misdemeanor punishable by a fine of $1,000 and up to 6 months in jail. On the other hand, if you are found guilty of or charged with a California felony, the failure to appear is a felony. It carries up to a three-year state prison sentence and a fine of $5,000. 

Bail Bond Revocation 

The court will revoke your bail if you break your release conditions. Additionally, if your cosigner or bail bondsman believes that you will jump bail or violate your release terms, they can request the court to revoke your bail bonds. Discussed below are the adverse effects of bail revocation.

The court will grant an arrest warrant against you. 

The bail revocation affects all parties involved. A violation can lead to negative consequences for the accused, your bail bondsman, and the cosigner. The judge will forfeit the amount or property you have posted to secure your bail and release. That means if you had posted $1,238 as your bail, you would lose the entire amount.  If you have used a bail bondsman to post a surety bond, the judge will hold the bail bond firm financially accountable for paying the whole bail amount. 

Typically, courts give bail bond companies a grace period of six months after the violation. If the company can return you to court within that period, the court will not require the firm to pay the entire bail amount. To avoid losses, the company will require the cosigner to pay the amount or risk having the collateral seized and sold. The firm can also use bounty hunters to locate and return you to jail.

If your cosigner requested the bail revocation, the court will relieve them of the responsibility to ensure you adhere to your pretrial release terms. However, the premium they paid the bail bonds firm is nonrefundable. 

Bondsman Involvement

Your bail bondsman can ensure you follow your release terms by doing the following: 

• Reminding you of your scheduled court dates
• Ensuring you understand your bai conditions 
• Requiring you to comply with regular check-ins with the firm — The check-ins are identical to check-ins with the probation department. The aim is to monitor whether you are abiding by your release conditions. 
• Providing electronic monitoring services

How to Respond Quickly 

Discussed below are steps you can take after violating your conditions to avoid the severe consequences. 

Seeking Experienced Legal Assistance

You can fight the failure to appear charges with the help of an attorney. The lawyer will review the circumstances surrounding your case to determine the most effective defense strategy. Common defenses include the following:

• You did not act willfully— You are guilty of failure to appear if you intentionally acted so. Therefore, it is a defense strategy to prove that you did not do so deliberately. 
• Proving that you did not try to avoid your court proceedings by failing to appear. You must have a valid excuse. For instance, you can argue that you had an emergency or were detained in another jurisdiction.

Responding to the Warrant of Your Arrest

If you are not ready to go from the court into police custody, it is advisable to consult your defense lawyer or bail bondsman. They are familiar with the most effective steps, evidence, and arguments to  use to persuade the judge to recall the warrant and to release you with a reduced bail amount or on your own recognizance.   

Contact a Qualified Bail Bonds Company Near Me

It might be confusing, overwhelming, and frustrating after breaching your bail bonds terms. However, understanding the release terms ensures compliance with the court and avoids unnecessary legal issues with the California criminal judicial system. 

Mr. Nice Guy Bail Bonds can guide you throughout your complicated process and offer clarifications if necessary. Please call our office at any time of the day at 844-400-2245 and book your consultation.