Most arrestees have a right to pretrial release on bail while awaiting trial, depending on the case’s nature. Others are released without bail and some, particularly those charged with capital offenses, are denied bail entirely. When you qualify for bail but have insufficient funds to post the full amount in Marina, Monterey County, you can work with a bail bonds service to secure your release, provided you agree to the terms of the contract. However, when you violate the bail terms, particularly by skipping court, you risk a revocation of the bail bond. At Mr. Nice Guy Bail Bonds, we have outlined bail bonds, the common reasons for revocation, and the revocation process.
Marina Bail Bonds Legal Definition
A bail bond is a contract between the presiding court, the defendant, the cosigner, and a bail bonds firm to fund the arrestee’s pretrial release. You or your cosigner then pays the nonrefundable fee for the services. The Marina bail bonds provider prepares a contract that you must sign, agreeing to the provided terms. Once you sign the agreement, the company deposits a bond equivalent to the bail figure, assuring the court that they will pay a similar amount if the defendant fails to appear or violates other bail terms.
When you adhere to the conditions and the case closes as agreed, the court exonerates the bond or makes a refund to your Marina bail bonds agency. Nevertheless, do not expect the company to return the fee, as it is the cost of purchasing the bail bond.
When a forfeiture happens, the firm turns to property utilized as collateral and sells it to recover the losses incurred. Also, a bail revocation causes you to be re-arrested. After arrest, the court can decide that you will stay in pretrial detention until trial, reinstate your bail, or increase the bail. So, when entering into a contract with your company, you should know that a revocation will affect all of you, including the indemnitor, and commit to comply with the terms.
Bail Revocation Reasons
Contravention of bail terms is the primary reason for the cancellation of the bail contract. Some common reasons for revocation include:
Not Attending Arranged Court Meetings
The main condition for your bail bonds contract is to attend all case hearings until the trial. When you skip court and all attempts to bring you before a judge fail, the court will forfeit the bond deposited for you. Further, they will issue a bench warrant ordering your arrest.
Breach of Bail Conditions
When you exit pretrial detention awaiting subsequent hearings and the trial, you are expected to adhere to certain conditions that ensure you return to court and keep the public safe. Besides, the conditions discourage you from committing another crime while free or fleeing town to avoid the trial and possible sentencing. If you contravene any of these conditions after release on a bail bond, you will face a forfeiture.
Flight Risk
When you seek bail bonds from jail, you will require a cosigner who will meet the requirements of the bail bond contract on your behalf, including paying fees and posting any required collateral. The cosigner is financially liable for your appearance because the collateral is on the line when a forfeiture happens.
So, when a cosigner identifies weird behaviors or learns of your plans to leave town or the state to avoid trial, they can notify the Marina bail bonds firm and the court to revoke the contract and prevent financial loss associated with a forfeiture.
The Process of Revoking Marina Bail Bonds
Before a revocation, the court and your Marina bail bonds company send you a violation notice informing you of plans to cancel the contract. When a breach happens, the firm finds you with the help of a bounty hunter and produces you in court. Nevertheless, if they do not find you or resolve the matter raised in the violation notice, the court issues a bench warrant.
Court Hearing
After a violation notice is issued, the court schedules a hearing to review the breach, consider remedies, and determine whether to issue a bench warrant. The factors that affect the issuance of a warrant include the gravity of the alleged bail breach, whether you might skip town, or whether you violated the contract. If these factors are established, an arrest order is issued.
You can remedy the situation if you have a genuine reason for the violation by showing up for this hearing. The judge will review the reasons and, if they are valid, allow you to continue with the contract. Also, they could revoke your bail and send you back to jail.
If rearrested and placed in pretrial detention again, you could be denied bail and remain in custody until the trial concludes. Alternatively, the court could reinstate bail and allow you to find another Marina bail bonds firm to finance your release. However, you should know that the non-compliance record will affect your bail terms, leading to a higher bail. The Marina bail bonds firm could also impose harsher conditions because of the high risk involved.
The final step of the process is forfeiture. If you do not take measures to remedy the issue raised in the violation notice, including presenting yourself in court, the bail bond will be forfeited. When the company loses its money, it will pursue the cosigner because they have the financial liability for the contract. They will sell the cosigner's property used to collateralize the loan to recover their losses. Cosigners are usually trusted individuals who assume financial responsibility for your appearance in court. So, put all efforts into complying with the relevant terms because a violation is detrimental to all parties.
Jail Information
Monterey County Jail
1410 Natividad Road
Salinas, CA, 93906
Court Information
Marina Courthouse
3180 Del Monte Blvd.
Marina, CA, 93933
Find a Competent Marina Bail Bondsman Near Me
A bail bond cancellation affects all the parties to the contract, especially you, the defendant, who risks re-arrest and pretrial detention for the rest of the case. Therefore, it is crucial to comply with all bail terms to avoid consequences for yourself and your cosigner with all the bail and contract terms. Compliance with bail conditions also depends on the choice of a bail bonds company. Therefore, when hiring, look for a responsive and compassionate firm. At Mr. Nice Guy Bail Bonds, we will be by your side until the end of the case to prevent a violation. Call us at 844-400-2245 to schedule a no-obligation consultation in Marina.
