Criminal Defense Lawyers

What Are Common Reasons for Bail Revocation?

Common Reasons for Bail Revocation

Getting released on bail can be complicated and costly, but at least you’re out of jail in the end. This freedom comes with a lot of strings attached: If a defendant violates bail conditions, fails to show up in court, or gets arrested again, the judge can revoke the defendant’s bail and put the defendant back in custody. After revocation comes forfeiture of the bail money or bond. So, the defendant loses his freedom and might lose his money. If a defendant’s violation is explainable, there’s a chance that forfeiture can be set aside.

Bail Violations and Consequences

Being released pretrial, even on one’s own recognizance, comes with conditions to remain free. Common bail violations include failure to appear, arrest for another crime, no-contact order violations, and positive tests for alcohol or drugs. Any violation generally justifies bail revocation and bond forfeiture. In some cases, say a first violation (not involving another crime), a judge may modify bail conditions rather than revoke bail entirely.

But once bail is revoked, the defendant goes back to jail to await trial. Any money or property put up for a bail bond is subject to forfeiture. Forfeiture doesn’t happen automatically with revocation. The court holds a forfeiture hearing where the defendant can argue against losing the money or property.

Failure to Appear

One of the most common reasons for bail revocation is the failure to attend court hearings. If you miss a court hearing, the court may assume that you are a flight risk and revoke your bail. Even if you have a good reason for missing court, such as a medical emergency, the judge still has the discretion to revoke bail.

In some cases, the court may issue a warrant for your arrest if you fail to appear. Once arrested, you will be brought before the judge who can formally revoke bail at that time. Missing court is a serious violation that puts your pretrial release in jeopardy.

New Criminal Charges

Another common reason for bail revocation is the defendant getting arrested for a new crime while out on bail. Many bail orders require defendants to refrain from criminal activity as a condition of release. If you violate this by committing a new crime, expect your bail to get revoked.

The new criminal charges alone, even before conviction, are enough evidence for a judge to conclude you violated the terms of your release. The type of crime alleged can also make a difference. For example, if released on bail for a nonviolent crime, but then charged with a violent crime, revocation is almost guaranteed.

Violating No-Contact Orders

Defendants released on bail are often subject to no-contact orders with victims, witnesses, or co-defendants in their case. This may include a specific person or a group of persons. Violating a no-contact order by trying to communicate with a protected person provides grounds for revocation.

Even if the victim or witness initiates contact with you, responding in any way can lead to a violation. The court wants to avoid any witness tampering or coordination of testimony among co-defendants out on bail.

Positive Drug Tests

Submitting a positive drug test while released on bail can result in revocation for violating a condition of release. Many bail orders require random drug testing and prohibit the use of any illegal drugs. If you test positive for drugs, the court may see you as non-compliant with your conditions.

However, courts can’t revoke bail solely for using state-legal marijuana. But illegal drug use or abuse of prescription drugs does justify revocation. Also, alcohol use can violate a sobriety condition of release.

Tampering With Electronic Monitoring

Some defendants out on bail must comply with electronic monitoring, like wearing an ankle bracelet. Tampering with the monitoring equipment, attempting to remove the bracelet, or letting your battery die could prompt bail revocation.

Judges see disabling electronic monitoring as an attempt to evade supervision while on release. It may also signal a flight risk if you are trying to avoid tracking. Damaging or altering the equipment shows contempt of court.

How Does the Bail Revocation Process Work?

The bail revocation process involves these general steps:

• The prosecution files a motion to revoke bail alleging violations of release conditions.
• The court may issue a warrant or summons for the defendant’s arrest or appearance.
• Law enforcement arrests the defendant if a warrant was issued.
• The court holds a bail revocation hearing where the judge hears arguments.
• The defendant can contest the alleged violations at the hearing.
• If the court finds a violation occurred, the judge can formally revoke bail and detain the defendant pending trial.

The standard of proof at a bail revocation hearing is only probable cause, much lower than beyond a reasonable doubt. So even minimal evidence of a violation may satisfy the probable cause standard.

Can Bail Be Reinstated After Revocation?

A defendant whose bail was revoked may request bail again at a later date. But reinstatement is difficult after revocation. The court is likely to see the defendant as unmanageable on pretrial release.

In rare cases, a defendant with revoked bail can regain release if circumstances change. For example, new exculpatory evidence arises, or the defendant’s health critically deteriorates in jail. But courts are generally disinclined to reinstate bail after revocation.

Avoiding Bail Revocation

Here are some tips to avoid bail getting revoked:

• Attend all required court appearances – never miss court dates
• Stay out of trouble – no new crimes while on release
• Comply with all conditions – drug tests, electronic monitoring, etc.
• Avoid prohibited communications – no contact with victims or witnesses
• Notify your attorney about any potential violations
• Get permission from the court before traveling or moving
• Inform pretrial services of any changes in contact information

Following bail conditions shows the court you take your obligations seriously. If you do get cited for a violation, consult your defense attorney immediately about the best response.

Fighting Bail Revocation

If you face bail revocation, having an experienced criminal defense lawyer in your corner is crucial. A lawyer can argue against revocation or seek to modify your conditions of release rather than revoke bail entirely.

Possible arguments your attorney may make include:

• The violation was unintentional or justifiable
• You did not get proper notice of the conditions
• Law enforcement provoked the violation
• You have complied with most other conditions
• You have strong ties to the community
• The court could impose additional conditions rather than revoke bail
• You are not a flight risk or danger to the community

While judges have broad discretion in revocation decisions, an experienced lawyer may convince the court to give you another chance on bail under stricter conditions. The lawyer can also advocate for reasonable bail and conditions if the court is inclined to detain you pretrial.

Contesting Bail Forfeiture

After bail revocation, your lawyer can also contest any forfeiture of money or property posted for bail. Possible arguments against forfeiture include:

• You did not get proper notice of your bail conditions
• There are mitigating reasons for the violation
• You made all prior required court appearances
• Forfeiture would create substantial hardship
• You have no prior bail violations
• The court should reduce the forfeiture amount

While forfeiture is common after revocation, it is not automatic in every case. An experienced bail bonds lawyer may convince the court to set aside or reduce forfeiture based on your circumstances and efforts to comply.

Get Legal Help Fighting Bail Revocation

Bail revocation can happen quickly and result in loss of freedom and financial hardship from forfeiture. Having an assertive lawyer challenge revocation and forfeiture is essential.

Connect with a knowledgeable local criminal defense attorney as soon as you face potential revocation. With an attorney’s representation, you can avoid pretrial detention and unnecessary forfeiture.