Bail allows you, the defendant, to remain out of police custody while awaiting your trial under certain bail conditions. These conditions ensure you do not pose a threat to other people or flee California. They can include avoiding specific people, making court appearances, avoiding going to specific places, and avoiding operating your car while drunk. Breaking any of your court-imposed terms can result in severe consequences, including bail forfeiture and criminal charges depending on your case facts, and a rearrest, regardless of whether it was accidental or intentional. This article focuses on what violation of a bail bond means.
Common Bail Conditions
Bail conditions are tailored to protect the defendant's community and ensure the accused returns to court following their pretrial release. Judges have the discretion to determine what terms can realize the above purposes.
Depending on the severity of your case, the judge can impose any of the conditions below:
- Attending scheduled court proceedings
- Refrain from tampering with witnesses or evidence
- Abide by laws and avoid another arrest
- Refrain from alcohol and substance abuse
- Seek or maintain your employment
- Travel limitations
- Stay away from specific people or places
The judge can also impose bail terms even when they granted you an own recognizance release.
Consequences of What Does Violation of Bail Bond Mean
Here is what to expect after breaking your bail bond terms:
Bail Revocation
The most severe consequence of breaching your bail condition(s) is bail revocation. Once the judge revokes your bail, the judge will issue a bench warrant for your arrest and you may be detained without the possibility of being granted bail again until the resolution of your case.
Based on the seriousness of your violation, you might be prohibited from using bail again.
Bai Forfeiture
It means the court will retain the property or money you used to post bail.
If you used a bondsman, the court will hold them financially liable for paying your entire bail amount once you skip bail. To recover the money lost from you or your cosigner, they can seize and liquidate the asset you used as collateral when securing your bail bond.
The Judge Could Impose New Conditions
The judge can impose more stringent bail terms to ensure adherence and prevent further bail term violations. Nevertheless, the limitations could make it harder to abide by your release terms.
Adverse Effects of Your Criminal Case
The judge could view your violation as an indication of reluctance to abide by the legal procedure or a lack of trustworthiness. It could reduce your chances of obtaining the best possible case outcome.
Additional Criminal Charges
Violating your bail conditions can lead to additional charges depending on your case facts. For instance, refusing to appear in court can result in perjury charges.
Increased Bail Amount
Sometimes, the judge can increase your bail amount instead of revoking it. It will require you to post more money to secure your pretrial release.
What to Do After Violating Your Bail Conditions
Assuming you skipped bail and the court forfeited the bail amount. In that case, the court can reinstate and return the posted bail, provided you have a valid reason for jumping bail, like a medical emergency.
You should also seek legal representation. Since every case is unique, your attorney will design your defense based on the alleged violation of the bail bond terms, the underlying offense, the case facts, and the available defense. Some of the valid defenses your attorney could use are as follows:
- Your conduct did not breach your bail conditions
- Law enforcers are misinterpreting the bail conditions
- The exact bail condition was ambiguous or not well explained
Find a Friendly Bail Bondsman Near Me
It can be an overwhelming experience after violating your bail bond terms, but understanding what a violation of a bail bond means, including the repercussions, can ensure compliance. At Mr. Nice Guy Bail Bonds, we can guide and support you throughout the process. Whether seeking preventative advice or facing a bail violation, our compassionate California-based bondsmen can assist you. Please contact us at 844-400-2245 to schedule your initial consultation.
