The majority of those who are arrested in California, and the US at large, will be given the opportunity to post bail. However, there are specific scenarios in which a bail bond can be revoked, such as if the individual is arrested again or violates the terms of their bail. Not only could this result in a significant loss of money, but it also means they will have to await their sentencing in jail. In these scenarios, it is essential to note that it is possible to get your bond reinstated.
Bond Reinstatement Meaning
As the name suggests, bond reinstatement is the process of reinstating the initial bond or bail after an individual has had their bond revoked by the courts. There are various reasons individuals may find themselves in this situation. For example, the defendant may have provided misleading information when being awarded bail (such as glossing over previous criminal history), committed another crime and been arrested again, failed to appear in court (which can bring additional charges and fines), or violated the terms of their release, such as a requirement to stay within a specific town or state or to refrain from contacting certain individuals.
When a bail bond is revoked, the defendant is returned to custody and forfeits the bond they put forward. Regardless of the specific reasoning, an individual who has had their bail revoked should contact their bail bond agent immediately and ask them to begin the bond reinstatement process. All bail bond reinstatement must be filed by the agents, as opposed to the arrested individual. Once their bond has been reinstated, they are again free to go about their day-to-day life ahead of their trial date, and they should use this as an opportunity to work closely with a lawyer to strengthen their defense.
Timeframe for Bond Reinstatement
When looking to reinstate a bond, it is important to act as quickly as possible. In California, a motion to reinstate a bond must be filed within 30 days of the violation (such as failing to appear in court). Any longer, and it is highly likely the request will be rejected. There is no set answer for how long it takes to reinstate a bond, as it can vary depending on several factors — while some judges will accept a motion to reinstate outright, others may require you to attend a hearing. Working with a trusted local bail bond agent can speed up the process, as they can ensure the appropriate paperwork is completed and filed quickly.
Process for Reinstating a Bond
Fortunately, the process for reinstating a bond is relatively straightforward. The defendant, or a person acting on their behalf, contacts their bail bond agent to inform them the bond has been revoked. The bail bond agent then completes the relevant paperwork and submits a motion to reinstate the bond to the relevant parties. Finally, the courts review the request and determine whether they will allow the bond to be reinstated; in some cases, a hearing will be held.
Bond Reinstatement Hearing Process
In some cases, the judge may organize a hearing before reinstating a bond, often so they can take a closer look at the circumstances surrounding the revocation. For example, they may deem the revocation sufficient evidence that the defendant is a flight risk, making them unlikely to be awarded bond again. While appearing at a hearing can seem daunting, it allows you to defend yourself or provide more insight into why you did not meet the terms of your bail. A recent report from VERA found that many people fail to appear in court due to logistical challenges like not being able to miss work, lacking transportation to court, or not having childcare. Your lawyer and bail bond agent can provide assistance during this time so you can present yourself in the best possible light.
Significance of a Reinstated Bond
Obtaining a reinstated bond brings many benefits for the defendant. It means they will not be re-arrested or detained ahead of the trial, effectively minimizing the time they spend in custody, which limits the situation's influence on their day-to-day life and often works for the betterment of their mental health. It also means they do not forfeit any money put forward through a bail bond or lose their collateral, and it could help them avoid additional charges and fines that are often tied to revoked bonds.
Reinstating a Bond in California
If you are looking to get a revoked bond reinstated in California, the skilled team of bail bond agents at King Stahlman® Bail Bonds is here to help. With years of experience both within the bail bonds industry and the California court system, we understand the ins and outs of ensuring a bond is reinstated and are here to take you through every step of the process. We are also open 24/7 and would be happy to answer any questions you may have. To find out more or to kickstart the bond reinstatement process, please do not hesitate to get in touch today.