Bail bond reinstatement is the process wherein the court reinstates the bail that’s been previously revoked. If the bond was forfeited due to a defendant’s violation of their conditions of bail, in some cases, the defendant’s lawyer may be able to file a bail remission motion to have the bond money that was forfeited refunded.
The bail is no longer forfeited however a nominal fee may be charged to process the reinstatement. The court also dismisses the bench warrant issued after the bail was revoked.
Reinstatement of bail bonds varies by court jurisdiction.
A few things come into factor on whether or not bond can be reinstated in your case. It will depend on the charges of the crime, how long it’s been since the bond was forfeited, and whether the court judge has reason to refund the bond. Since criminal cases can be very complicated it is generally a good idea to discuss your case with a criminal defense lawyer and to have them file the bail remission motion.
When Should I Ask For Reinstatement?
If the defendant has missed his or her court appearance, the bail bondsman can bring the defendant back to court and submit a reinstatement of liability or letter of re-assumption. This simple form is submitted to officially ask the judge to reinstate the forfeited bail. Once the bail is reinstated, the case will continue at the point where it was prior to the defendant failing to appear in court.
To avoid the situation from getting out of hand defendant must contact his bail bondsman if he or she was unable to appear in court. When a defendant misses a court appearance, the defendant receives an FTA (failure to appear) and a bench warrant is automatically issued. Charges for an FTA can be very serious.
The charges for failing to appear are:
- Class C misdemeanor if the original charge was a Class C. Punishable by a fine of up to $500.
- Class A misdemeanor if the original charge was a Class A or B. Punishable by up to one year in a county jail.
- Third-degree felony if the original charge was a felony. Punishable by 2 to 10 years in a state prison.
In addition, you don’t want put yourself in a situation where a bail recovery agent is attempting to locate you for an arrest. It is always best to notify your bail bondsman. Be honest with them. Provide the bail bondsman with a complete account of what really happened and why you weren’t able to appear in court. Your bail bondsman will try to help you with your situation.
This is a general article for example purposes. As always, please contact us at 979-821-2663 regarding your specific case.