What Happens if I Violate the Terms of My Pretrial Release?

What Happens if I Violate the Terms of My Pretrial Release?

Getting arrested can be scary, but for many people, the worst part is not knowing what comes next. If you’ve been arrested and released pending trial, you may be wondering: what happens if I violate the terms of my pretrial release? Don’t worry, you’re not alone in having this question.

The pretrial release process allows people who’ve been arrested to get out of jail while their case moves through the system. Rather than sitting in jail for months or years waiting for trial, defendants can be released back into the community. However, this freedom usually comes with rules that must be followed.

Common conditions of pretrial release include:

• Avoiding further arrests
• Staying in contact with your lawyer
• Appearing at all scheduled court dates
• Staying within the area and not traveling without permission
• Following a curfew
• Not contacting victims or witnesses
• Staying away from certain locations or people
• Undergoing drug testing or alcohol monitoring

If any of these rules are broken, it’s considered a violation of your pretrial release terms. Unfortunately, violations can carry serious penalties like being taken back into custody, having bail revoked, or facing new criminal charges.

Consequences of Pretrial Release Violations

There are a few main things that can happen if you violate the terms of your pretrial release:

Return to Jail

One of the most common outcomes of violating pretrial release is being put back in jail. If you break the rules, the court may decide to revoke your release and have you taken into custody until your trial. This means you’ll lose your freedom and have to wait out the legal process behind bars.

Being sent back to jail for a violation is up to the judge’s discretion. In some cases, minor slip-ups like missing a drug test or curfew may result in a warning rather than jail time. But repeated or serious violations almost always lead to revoked release.

Increased Bail

If you were let out on bail, the court can increase the bail amount after a violation. You or your family would then have to come up with more money for you to be released again pending trial. The idea is that higher bail makes people less likely to break the rules.

Sometimes bail will be revoked altogether after a violation, meaning you’d stay in jail unless able to afford the full bail amount upfront. This usually happens after serious breaches like committing new crimes, threatening victims/witnesses, or repeatedly ignoring conditions.

New Criminal Charges

Perhaps the worst outcome of violating pretrial release is facing additional criminal charges. If your violation involves illegal activity (like drug use, assault, theft, etc.), prosecutors can file new charges against you.

These new charges then get added to your ongoing case. Even if you’re found not guilty in your initial case, you could still be convicted and punished for crimes committed while on pretrial release.

Examples of release violations that often lead to new charges include:

• Committing assault or battery
• Driving under the influence
• Possessing illegal drugs
• Shoplifting or theft
• Making threats against victims/witnesses

Being slapped with additional charges is bad news. It makes your legal situation much more complex and can seriously affect the outcome of your case.

How Violations Are Discovered and Reported

Judges and prosecutors don’t automatically know if you’ve violated your pretrial release terms. For you to face any consequences, the violation has to be discovered and reported.

Common ways authorities learn about violations include:

• Pretrial services – If you’re supervised by pretrial services, they monitor your compliance with release conditions and report violations to the court.
• Law enforcement – If police come into contact with you and learn you’ve violated release terms, they’ll notify prosecutors.
• Victims/witnesses – Victims or witnesses may report threats, harassment, or contact that violates a no-contact order.
• Drug tests – Failed court-ordered drug tests provide proof of substance use violations.
• Electronic monitoring – GPS and alcohol monitoring devices record violations like location and curfew breaches.
• Court staff – Court clerks and officers take note if you miss court dates or mandatory check-ins.

Once a violation comes to their attention, it’s up to the judge to decide what should happen. There will usually be a hearing where you can explain your side before any penalties are imposed.

How to Avoid Violating Your Pretrial Release

The best way to avoid pretrial release violations is to fully understand and carefully follow ALL conditions set by the court. This means:

• Show up for every single court date – never miss one, even if your lawyer says it’s just procedural.
• Stay completely away from any prohibited people, locations, etc.
• Follow any geographic restrictions – don’t leave the area without permission.
• Obey curfews diligently, especially overnight curfews.
• Avoid drug and alcohol use of any kind.
• Don’t get re-arrested for any reason.
• Stay in regular contact with your lawyer and pretrial officer.
• Comply with electronic monitoring if required.
• Never threaten or contact victims, witnesses, or anyone related to your case.

It can be tempting to test the limits of your release conditions. But even minor slip-ups can land you back behind bars. That’s why it’s crucial to follow the rules to a T. If you feel a condition is too restrictive or unrealistic, your lawyer can request modifications from the court (but the rules remain in place unless approved).

Having a strong support system can also help you avoid violations. Lean on family, friends, or community groups to help you stick to release terms. If you’re struggling with substance abuse, seek out counseling or treatment programs. The more people you have holding you accountable, the less likely you are to violate by accident.

Bottom line: until your case is resolved, the rules are the rules. Follow them exactly and you’ll avoid the painful consequences of pretrial release violations.

What to Do If You Violate Pretrial Release

People make mistakes, and it’s possible you’ll slip up and violate your conditions, despite your best efforts. If this happens, here are some tips:

• Be honest – Don’t try to hide it or lie about the violation. Come clean to your lawyer and pretrial officer as soon as possible.
• Take responsibility – Admit you made a mistake and sincerely apologize. Don’t make excuses or place blame.
• Explain circumstances – Politely provide context about what led to the violation. Stress that it was unintentional.
• Discuss solutions – Work with your lawyer to figure out ways to get back on track and prevent future issues.
• Request a hearing – Ask for a chance to explain yourself and ask the judge not to revoke your release.
• Follow attorney advice – Listen to your lawyer’s guidance about responding to the violation.

While there’s no guarantee, being upfront and demonstrating remorse may convince the court to give you another chance rather than sending you to jail. But you’ll need to regain the judge’s trust by strictly adhering to conditions moving forward.

When Violations Lead to Jail Time

If the court decides to revoke your pretrial release after a violation, you’ll be taken back into custody. Here’s what you can expect:

• Police or sheriffs will arrest you (either at home, work, etc. or directly in court).
• You’ll be handcuffed, searched, and transported to jail.
• Your bail money will be forfeited (if you originally posted bail).
• You’ll go through intake and be housed in jail pending trial.
• You’ll lose privileges like civilian clothes, contact with outsiders, and open movement.
• Your lawyer can request another hearing to reconsider your detention, but there’s no guarantee.

Going back to jail can be a huge emotional blow. Do your best to stay positive and use the time to help your case. Meet with your lawyer, review evidence, consider options like plea deals, and don’t lose hope. With good behavior, you may eventually be able to petition for reinstatement of pretrial release.

When Violations Lead to New Charges

If prosecutors decide to file new criminal charges based on your pretrial release violation, it will complicate your case and expose you to additional penalties. Here’s what you can expect:

• You’ll be formally charged with crimes related to the violation.
• Arraignment and bail hearings will be scheduled for the new charges.
• The new case will proceed separately from your initial criminal case.
• You’ll now have to fight two cases at the same time, with doubled legal expenses.
• New plea negotiations may happen, involving deals on both old and new charges.
• Additional convictions and sentences are possible from the new charges.

The worst-case scenario is picking up new convictions that stack on top of punishment for the original case. Work closely with your lawyer to minimize consequences and consider how to best resolve both matters.

Violating Pretrial Release is Serious Business

At the end of the day, pretrial release is a privilege – not a right. The court is giving you an opportunity to fight your case from outside jail walls. But it comes with strict conditions you must follow.

Breaking the rules shows disrespect for the court and suggests you may not show up for trial. That’s why judges tend to come down hard on violations. Don’t take any chances with your pretrial release terms.

Stay on the straight and narrow path. Check in with your lawyer frequently. Ask for help if you need it. Following your conditions perfectly might seem difficult, but the alternative – going back to jail – is much worse. You got this!

References

Here are some resources with more information on pretrial release violations:

• What Happens if You Violate the Terms of Pretrial Release
• Violating Your Pre-Trial Release Can Have Serious Consequences
• Understanding Violating Your Bail or Bond