A bond revoked meaning is when there is a defendant who has been released on bail, does something to violate the terms or conditions and is ordered to return to jail until the date of the trial. There could be several reasons that the court would revoke bail:
- Failure to appear. A reason that the court would revoke bond of a defendant would be if the defendant missed a court appearance. This term is also called “skipping” or “skipped” bail.
- Committed a crime while on bond. The reason that the court would revoke bond of someone on a release would be if an additional crime was committed while they were out on a release. Unfortunately, for the court to revoke bond for the released, there does not need to be a conviction for that crime.
- Violation of bail conditions. Another reason as to why the court would revoke bond would be if there was a violation of the conditions of bond. When the court sets bail, there could be conditions set such as staying away from the victim, no contact with known criminals, or completion of drug or alcohol programs. ANY violation could be grounds for a bond revocation by the court.
If the defendant violates conditions of bail, skips, or commits another crime, he is brought before a judge who will decide in a hearing whether or not to revoke bail. It is not a full trial and the judge may decide to impose more conditions rather than resort to revocation, but it is generally assumed that if the defendant refused to follow the terms initially, that he will continue to do so.
Bail revocation could result in bond forfeiture, fines, and more prison time which would not be served concurrently but instead at the end of the prison time already given. Although requirements for bail revocation between federal and state are the same, state laws can vary on the burden of proof standards. The court may require a cash only bond.
Once a bond revoked order is issued, the bail bond is forfeited. The bail bond agent is notified. If the defendant has missed court, the bail bondsman is usually given a specified amount of time to find and bring the defendant in before the collateral is forfeited. In some cases, the court will accept mitigating factors such as illness and not go through with the bond revocation order.
Under some circumstances, if a bond revoked order is issued, the bail bond may be “remitted” or reinstated so that, in part or in whole, the indemnitor hasn’t lost the collateral. A judge will decide if the judgment of the bond revocation forfeiture is to be set aside if:
- Defendant didn’t realize a violation of the bail conditions
- Costs to the court in locating the defendant were non-existent
- Defendant did not willingly or blatantly violate the conditions of bail
- There was no damage to the government due to the violation.
The prosecutor can file a motion for a bond revoked order. The bail bondsman can also ask for the bond revocation if he or she suspects that the defendant will flee or is committing new crimes. Fortunately, there must be some proof of bond condition violations or flight risk, not just a “feeling”.
It is important that if a defendant is granted bail, the defendant should thoroughly understand the bond release conditions. The court will explain them, and the bail bondsman will be happy to clarify the conditions to prevent a bond revocation.