Bail Exoneration Bond Withdrawal In Wake
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Voluntary Bond Revocation – Sometimes, the person who posted the bail (often a family member or friend) may choose to revoke the bond voluntarily. This usually happens if the defendant is not adhering to the conditions of their release or if the person posting bail feels that the defendant is a flight risk.
You can withdrawl your agreement by calling the bondsman and telling them that you no longer want to be on the bond as you feel the ``criminal'' will not show up to court. You can sign off of the bail but they may arrest your friend.
The court has required the bond, and only the court is able to cancel the bond by issuing a “release” stating the bond is no longer needed.
The main repercussion for the defendant when a co-signer takes their name off a bond is re-arrest. However, guarantors also put themselves in a perilous position. Sometimes taking a name off is possible, but it isn't if the defendant broke any bail terms.
Only Courts may revoke a bond. A bonding company may submit a surrender to the Courts asking for the bonding company to be removed from the liability of the bond. At the time the Judge decides whether to grant the request.
Typically, a cosigner can withdraw from a bail bond by demonstrating to the court or bail bond company that they no longer wish to be responsible. This process may involve legal proceedings and requires cooperation from the bail bond company and sometimes the defendant.
Committing a New Crime – If a defendant is arrested and charged with a new crime while out on bail, their original bond is likely to be revoked. Engaging in criminal activity while on bail demonstrates to the court that the defendant is a risk to the community and is not adhering to the terms of their release.
Florida Statute Section 907.041(4)(e) requires a prosecutor to file a written motion to revoke bond if the motion is not based on a new arrest. If the Florida prosecutor files a motion for pretrial detention, the judge must set a hearing on the motion within five (5) days of the filing of the motion.
Bond Vacated: When a bond is vacated, it means the bond has been set aside or canceled. This can happen for several reasons, such as if charges are dropped or if the court decides to change the bond conditions.
Primary tabs. In civil and criminal legal proceedings, vacate means to set aside or annul a previous judgment or order. Vacate is also used in property law to indicate the surrender or leaving of the premises. For examples of its usage, refer to Sears v. Upton (pertaining to a judgment) and Thorpe v.
