Dealing with a loved one who has been arrested can lead to struggling emotions for loved ones. Should you post bail for them? What happens if they do not show up for their court date? If you are second guessing your decision to post bail, what can you do if you want to revoke bail? Getting released on bail is expensive, so it is a difficult decision to make if you are planning to be involved in the bail process.
Can You Undo the Bond Agreement?
When you sign a bond agreement, you are financially responsible for the bail. If you are second guessing signing a bond agreement now, do not sign it. Regretting your decision could cause you to lose money and assets as you are responsible for the bond. If you are worried the defendant will flea, or won’t show up to court, do not sign a bond agreement. If the defendant fails to uphold their part of the deal, you will need to pay the entire bond to the bond company. If you are in this situation, we recommend contacting your bail bond company right away to explain your situation. Revoking a bond is not always an option. If the bond can be legally revoked, the defendant will be apprehended and returned to jail. However, you will still be responsible for some fees including bail enforcement fees, travel costs, and investigative costs.
Is Someone a Flight Risk?
If you have been coaxed into paying for someone’s bond, you do need to be aware of the following:
- Bounty hunters will charge a fee to apprehend the individual and return them to the jurisdiction. The bail bondsman will bill the individual on the bond for those costs, which can be upwards of 35% to recover the individual. If that person has fled the state, the costs will increase.
- If a person skips court and they are not located by bounty hunters, the person who signed the contract will need to pay the entire amount of bail set forth by the court.
- If you used collateral to secure the loan, it will be used to help pay the costs of the bail posting. Some people end up losing their homes and cars because the person skipped court.
The judge is the person that has the final decision as to allow a bail bondsman to be able to pull the bond and bring the person to court. There are some circumstances when a bond can be revoked including:
- the defendant commits a crime when they are released
- the defendant violates the conditions of the bail
What is Bail Remission
A bail remission motion is when a request is filed to have money refunded from the bond that was forfeited. Bail remission motions must be filed within a specific time frame from when the bail was forfeited. The trial court judge will review several elements to determine if the funds can be refunded. Forfeitures are normally set aside if the following conditions are met:
- the defendant did not know of specific conditions that were violated
- the defendant did not intend to violate the bond conditions
- there was no expense on law enforcement’s part to locate the defendant
- there was no damage to the government due to the person violating the bond agreement
Bond is a tricky area and it is important to carefully weigh this decision prior to signing the agreement. If you have any concerns about this individual violating the bond, do not agree to bail them out. Contact our Ogden bail bond office to discuss your situation in detail and find out how we can assist with your legal case.