If a defendant cannot afford bail, then at the arraignment or any hearing while still incarcerated the defendant can request a bail reduction or release without bail. That must be supported with evidence that the defendant is unlikely to reoffend or to flee.
The decision to post bail for someone should not be taken lightly. Financially, you risk losing the bail amount or collateral if the defendant fails to appear in court. Legally, the defendant's absence can lead to arrest warrants and additional charges, complicating their legal situation further.
It is possible to revoke a bail bond if your circumstances or the relationship change, or you have concerns about the defendant's behavior. To revoke a bail bond in California, you will need to contact the bail bond agency and inform them of your decision.
The court considers the seriousness of the crime, potential penalty, and criminal history in determining the bond length. If the individual has a history of violating the law, the bond length could extend beyond the usual 90 days.
Discharging bond is a delivery bond that permits a defendant to regain possession of the attached property. It also releases the property from the lien of attachment. It is also termed as dissolution bond.
Bond surrender is a process in the bail bond system where the bail bondsman returns the defendant to custody, effectively ending their responsibility for the defendant's bail. This action can occur for several reasons and is a legal mechanism that ensures the bondsman can mitigate risk when necessary.
Consequences of a Revoked Bail Bond A warrant will likely be issued for your arrest, and you may be taken into custody until your case is resolved. If you fail to appear in court, the bail amount may be forfeited, and you or your cosigner may be responsible for paying the total amount to the bail bond company.
You will need to draft a motion to set or reduce bond. You will need to request a hearing date and you will need to serve a copy of the motion on the prosecutor. Your girlfriend will need to sign the motion if she does not have an attorney. You may take it to the Clerk of Court and file the motion.
In general, an exoneration occurs when a person who has been convicted of a crime is officially cleared after new evidence of innocence becomes available.
First, contact your bail bond agency to see if you can withdraw. Then, fill out the paperwork and make sure you meet all legal requirements. This will officially end the agreement.