Backed For Bail Definition Law In Montgomery

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State:
Multi-State
County:
Montgomery
Control #:
US-00006DR
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Word; 
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Description

A bail bond is a bond provided by an insurance company through a bail bondsman acting as agent for the company, to allow an accused defendant to be released before trial. A bail bond is designed to ensure the appearance of the defendant in court at the scheduled time. Prior to the posting of a bail bond, the defendant or a co-signer must guarantee that they will pay the full amount of bail if the defendant does not appear in court. The bail bond company usually charges 10 percent of the amount of the bond and often requires the defendant to put up some collateral like a seconded of trust or mortgage on one's house.


When the case is concluded, the bail bond is "exonerated" and returned to the insurance company. If the defendant disappears and fails to appearing court (skips bail), the bond money will be forfeited unless the defendants found and returned. The bond may be forfeited, by order of the court, upon the partys failure to appear or to comply with the conditions of the bond. If the defendant is located and arrested by the bail agent the cosigner is responsible for all expenses the bail agent incurs while looking for the defendant.

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FAQ

The judge determines the amount of bail that must be posted for the defendant's release. The bail amount is influenced by various factors, including the severity of the charges, the defendant's criminal history, ties to the community, employment status, and the potential flight risk.

That's a felony. If you are the defendant and violated bail conditions, prepare to cooperate with the legal process. While this situation might be challenging, California courts permit various defenses.

Re-Arrest and Return to Jail – The immediate result of bond revocation is the defendant's re-arrest. Law enforcement officers will take the defendant into custody and return them to jail. This can happen without warning, often catching the defendant off guard.

You are also likely to face stricter release conditions. Courts may forbid you from traveling out of California or require you to wear an electronic ankle bracelet to track your position.

The violation of a judicial requirement to submit a drug test while out on bond can be a big deal. It will result in the suspension of the bond, a re-arrest, and incarceration until a hearing or a trial.

(a) A person who has been released on conditions and who has violated a condition of release, including willfully failing to appear in court, should be subject to a warrant for arrest, modification of release conditions, revocation of release, or an order of detention, or prosecution on available criminal charges.

You need to file a motion to amend bond conditions with the court. You should at least consult with a local criminal defense attorney (if you are not already represented by someone) to discuss the issues the court will consider, and the best way to address those issues.

Bail bonds in California are valid for the life of the cases unless you miss court or get rearrested. Then, depending on the circumstances, you may need to post another bond.

Common reasons for bond revocation include: Failure to Appear in Court – One of the most straightforward reasons for bond revocation is the defendant's failure to appear for a scheduled court date. The bail bond is a promise to the court that the defendant will attend all required hearings.

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Backed For Bail Definition Law In Montgomery