If a defendant does something to violate his bail agreement, such as a failure appear at his scheduled hearing, the bond will be revoked.
At that point, the defendant has lost the right to be free before trial. The court can issue an arrest warrant for the failure to appear (FTA). In most states, failing to appear is a crime. So, the defendant who jumps bail ends up with the original criminal charge plus an additional FTA criminal charge. The warrant remains active until the defendant’s capture.
A defendant’s bond can be revoked for a number of other reasons as well. Some reasons include, committing a crime while released, even in the absence of a conviction for that crime, and violating any other condition of bail, such as failing to stay away from the crime victim.
When bail is revoked, the defendant has the opportunity to argue against the revocation and explain his behavior in a court hearing.
If the court upholds the bail revocation, the defendant’s bond can then be forfeited and the defendant will return to jail. This means that the court can seize the money or property put up as collateral used to make the defendant’s bail. The defendant may attempt to get released on bail again but the court will have the authority to not approve a bond a second time if the defendant has violated the previously agreed upon requirements. It may also cause many difficulties with the process of finding a new bondsman willing to work with you. At this point the defendant not only loses their freedom but also their money.
There are some situations where the defendant can get his or her money back after the bond is forfeited. The defendant has the right to file a bail remission motion with the court. The court can then decide whether or not to refund the bond. If the court decides to refund the bond, what’s left of the bail after fines and costs are paid is returned to the defendant. If the court decides against it, the remaining bail becomes the property of the court.
This is a general article for example purposes. As always, please contact us at 979-821-2663 regarding your specific case