When a person is arrested for committing a crime, they usually seek the services of a bail bondsman agent to get them released from jail. The price you pay for bond services is typically 10% of the bail amount, and most consider that 10% is a small price to pay in order to get their freedom back, at least temporarily, and resume their normal daily living activities. However, there can be a bond revocation under certain circumstances.
Speak with Your Attorney
First, speak with your criminal attorney, then before the arrested person is released, they must first appear before the judge where the conditions of bond are set. The conditions of bail usually differ range depending on the nature of the crime. Generally speaking, for domestic assault cases, the judge will often set a condition where the accused must stay away from the victim and not get arrested for any new crimes.
The fact of the matter is this, no matter who the defendant may be, or what crime the defendant has been charged with, there are always most certainly restrictions which are placed on offenders that have “made bond”. Again, the restrictions and rules set by the court will vary based on several factors, which include:
- Criminal history
- “Flight” risk
- Their specific criminal charges
- Generally speaking, capital crimes are not given the opportunity of bonding out
Restrictions of bail bond will be clearly outlined in the bail bond agreement signed between the offender or the Indianapolis bail bondsman.
Can a Judge Revoke a Bond?
If a defendant “skip bail” or fails to appear at their court hearing, then there is now a revoked bond and a bench warrant is immediately issued. To be honest, there are a number of reasons bond would be revoked in a bail bond revocation hearing. A defendant’s bail bond can actually be revoked for a number of reasons, including:
- Committing a crime while released,
- Violating any other condition of bond
- Failure to appear at a court hearing
- Failing to stay away from the crime victim
- Fraud or misrepresentation
- Drinking alcohol
- Smoking marijuana or using illicit or illegal drugs
IC 35-33-8-5 which is the State of Indiana Code that allows for the state or court to request a bond revocation. Specifically, the law states that if the court or prosecutor can show “good cause,” the prosecutor can and very well likely would request an alteration or a revocation of bond.
The Types of Bond Available
copies of the criminal charges will be given to the defendant, their rights will be reviewed, and the judge will set a bond or determine if they are eligible to be released. The judge has three options available to allow a defendant to be released. The three options available are the following.
If a cash bond is set, for example a $500 cash bond, that means the entire $500 must be paid to the court clerk for the person to be released. The benefit of a cash bond is that once the case is resolved, the bond money can be used to cover court costs, if there are any, or the bond money can be released back to whomever paid it.
If a surety bond is set then the person posting bond must use a ail bondsman to post the bond. For example, if the court sets a $4500 surety bond, the person posting bond would pay around 10% of the amount to a bail bondsman, in this case $450, if you are in Madison County, then you would need an Anderson bail bondsman then puts up a bond with the clerk for the balance. If the person disappears, the bondsman loses that money, so they have an incentive to keep track of the person. The downside to having to go through a bondsman is that the person posting the 10% of the bond does not get that money returned. It is a fee that the bail bondsman keeps.
Released on Own Recognizance
For someone who is charged with a minor offense or does not have any criminal history, the judge may determine that they can be released on their own recognizance, or OR’d. This means they are released without having to pay a cash bond or surety bond and are simply given a new date to return to court.
How Do I Know if My Bond Has Been Revoked?
Upon bond revocation, the defendant can decide to go to the court with their criminal defense attorney and make a case as to why bail should not be revoked. The judge will then make a decision if the court will give them back the money. You can expect for the court to deduct any applicable fines and penalties that are accrued and return the rest to the defendant.
Can a Revoked Bond Be Reinstated?
Indiana law states that it is illegal for the judge to hold you without a bond for an extended period of time unless you meet a number of specific conditions. If you are not a flight risk or a danger to society, the court will legally be forced to give you another opportunity to bond out of jail. Even if you violate the conditions of bail, you will more than likely receive another opportunity to bond out of jail, after having a bond hearing, even with a previous bond revocation.
What Happens When a Bond is Reinstated?
Again, if your initial bond is revoked at a bond revocation hearing, you can receive a new bond, however you can expect for the new bond to have MUCH more restrictive conditions. Some of the restrictive requirements may be the following:
- Additional check-ins with the court officer
- Additional courtroom hearings
- You may be forced to wear an ankle monitoring device
Essentially the court has the power to ensure that you comply with the new conditions set by court so you should not be alarmed if your new bail conditions are more restrictive than your first set of restrictions. Fortunately, your lawyer can fight for the conditions to be less restrictive. However, your lawyer loses leverage every single time you violate the bail conditions.
If You Have Violated Bond
If you have violated bond terms and you are at the risk of a bond revocation. It’s highly important that you speak with a criminal defense attorney in Indianapolis, contact us at 317-721-4783 for help today.