Just because you’ve been released on bail does not mean you’re completely home free in your case. The freedom you have after posting bail does come with some restrictions and strings attached. If you violate any of the conditions of your bail, such as failing to show up for your court appearance or getting arrested again, you can expect your bail to be revoked and to be taken into custody. When your bail is revoked, so too is the bail money or bond you posted.
Here’s some information about what happens next if your bond is revoked in Texas, courtesy of an expert in bail bonds in Angleton.
Courts must follow certain processes
Federal and state courts each have some specific procedures in place for how they will revoke bail. Federal courts are bound by the Bail Reform Act of 1984. Under this law, if a defendant commits a crime while on bail, there is a presumption that there are not any conditions of release that will be able to keep the community safe from the defendant.
The defendant then has an opportunity to argue against that presumption, but not in a full-blown trial—just in a hearing in front of the judge. That judge then has the responsibility of deciding whether to completely revoke bail or to simply add additional conditions of release. This decision often depends on the type of crime committed by the defendant while on bail.
State laws can vary widely with regard to how bail revocation actually works, but in every state, bail revocation is allowed if the defendant violates any condition of release, does not appear in court or commits a crime.
In addition, state and federal laws allow for bond forfeiture if the defendant fails to appear in court. When the defendant’s bail is revoked, the court will move to forfeit the bail bond, which means any property put up by the defendant to secure his or her release gets turned over to the court. This could be money, physical assets or real estate. Forfeiture of the bond requires notice to the defendant and the surety (often a bail bondsman). Before the forfeiture is finalized, the bail bondsman is given an allotted time period to bring in the defendant or outline the steps taken to locate a defendant who has gone missing. The defendant will also have the opportunity to explain the reason for the violation to potentially avoid the forfeiture.
Getting bail reinstated
It’s still possible for bail to be reinstated, even after the bond has been forfeited. This occurs through a process called “remission.” A bail remission motion must be filed within a certain amount of time from the date of forfeiture. Forfeitures can be granted in cases if:
- The defendant did not know about the condition that he or she violated
- The defendant’s violation was not a willful violation
- The government is not damaged or prejudiced in any way by the violation
- The government did not incur any expense in trying to find the defendant
For more information about the steps to take if your bail is revoked in Texas, contact a source for bail bonds in Angleton today.