WHAT IS A BOND REVOCATION?
What is a Bond Revocation? To get someone out of jail after being arrested for committing an offense, they often seek the help of a bail bondsman agent. You pay 10% of the bail amount for bond services. Most people think that 10% is a fair price to get their freedom back and allow them to return to their normal lives. Under certain circumstances, however, bond revocation can occur.
SPEAK WITH YOUR ATTORNEY
First, talk to your Criminal Attorney. Next, before the arrested person can be released, they must appear before the judge, who will set the bail conditions. The type of crime determines the requirements for bail. For domestic assault cases, the judge may require that the accused stay away from the victim to avoid arrest for future crimes. A female criminal defense attorney can be helpful.
HOW DO I KNOW IF MY BOND HAS BEEN REVOKED?
The truth is that, regardless of who the defendant might be or what crime he has been charged for, certain restrictions are placed on offenders who have “made bond.” The court’s regulations and rules will differ depending on many factors. An Indiana expungement lawyer can have your record sealed.
- Criminal history
- “Flight” risk
- The specific charges against them are below
- Capital crimes do not generally get the chance to bond out
In the bail bond agreement, the offender and the Indianapolis bail bondsman will outline any restrictions regarding bail bonds.
CAN A JUDGE RELEASE A BOND
If a defendant does not appear for their court hearing or “skips bail,” then a bench warrant will be immediately issued. In a bail bonds revocation hearing, there are many reasons a bond might be revoked. There are many reasons a bail bond for a defendant could be revoked, including: You may need an Indiana theft defense lawyer.
- Involving in a crime after being released
- Infringing any other condition of a bond
- Failing to appear for a court hearing
- Failure to avoid being a victim of crime
- Fraud or misrepresentation
- Drinking alcohol
- Use of illegal or illicit drugs or smoking marijuana
CAN CRIMINAL DefENSE ATTORNEYS HELP BOND REVOCATIONS
IC35-33-28-5, the State of Indiana Code, allows the state or court to request a bond revocation. The law specifically states that if the prosecutor or court can prove “good cause,” the prosecutor may request an alteration or cancellation. An Indiana drug crime attorney can be huge when fighting a drug charge.
THE TYPES OF BONDS AVAILABLE
The defendant will receive copies of all criminal charges. They will also be informed about their rights. Finally, the judge will decide whether they are eligible for release or set a bond. There are three options for releasing a defendant that the judge can choose from. The following are the options.
CASH BOND
For a cash bond to be effective, such as a $500 cash bond for a person, the $500 must be paid directly to the court clerk for them to be released. Cash bonds benefit that, once the case has been resolved, the bond money may be used to pay court costs, if any. Or it can be released to the person who originally produced it.
SURETY BOND
The person posting a bond must use an ail bondsman to place the surety bond. A $4500 surety bond is an example. The person posting the bond would pay 10% to a bail bondsman. This would amount to $450. If you reside in Madison County, you need an Anderson bail bond agent.
The bondsman loses the money if the person is lost. Therefore, they are motivated to keep track. There is a downside to using a bondsman to get the money back. It is a fee that bail bond agents keep.
RELEASED UPON OWN RECOGNIZANCE
If someone is charged with minor offenses and has no criminal history, the judge may decide to release them on their recognizance or OR’d. This means that they can be removed without being required to post a cash bond or surety bonds and are given a date to return to court.
HOW DO I KNOW IF MY BOND HAS BEEN REVOKED IF I DON’T HAVE A LAWYER?
After bond revocation, defendants can go to court with their Criminal Defense Attorney and present a case for why bail should not be revoked. The judge will decide whether the court will return the money. You can expect the court to take any fines or penalties and return the remainder to the defendant.
CAN A REVOKED BANK BE REINSTATED
Indiana law makes it illegal for a judge or magistrate to detain you for extended periods without bond unless you fulfill certain conditions. The court will legally allow you to bond out of jail again if you do not pose a risk to flight or danger to society. Even if you violate bail conditions, the court will likely grant you another opportunity to be released from jail.
WHAT HAPPENS IF A BOND IS REINSTATED
If your initial bond is revoked in a bond cancellation hearing, you may be eligible for a new one, but the conditions of that unique bond can be MUCH stricter. The following are examples of restrictions:
- Additional check-ins are possible with the court officers
- Additional courtroom hearings
- You may be required to wear an ankle monitor device
The court has the power to ensure that you adhere to the new conditions. Therefore, you shouldn’t be alarmed when your new bail conditions are more restrictive than your original set. Your lawyer can help you negotiate for less stringent requirements. But, your lawyer loses his leverage every time you violate bail conditions.
WHAT IF YOUR VIOLATED BOARD REVOCATION HEARING HAS BEEN SET?
Bond revocation can be a possibility if you have broken bond terms. It would help if you spoke with a criminal defense lawyer in Indianapolis. Call us today at 317-71-4783 to get help.