When a relative or friend is in need, it's natural to want to help them out. Posting bail for someone when they are arrested and charged with a crime can allow them to be released from jail until their trial begins. You might choose to help by posting bail in cash or securing a bail bond to pay the bail amount that has been set. However, there are a few reasons you might consider revoking bail after posting it — perhaps you no longer want to be responsible for the person, you feel you can't trust them any longer, or the financial burden has become too much. But is it possible to revoke bail once it has been posted, and do you have to accept that your money could be gone and your assets at risk? Understanding how it all works is important, preferably before you decide to post bail.
Revoking Bail: Can You Revoke It?
If you're questioning or regretting your decision after posting bail for someone else, the good news is that the option to revoke it does exist. The State of California gives you the opportunity to revoke bail if you want to, whether you posted cash bail or used other methods such as a bail bond to help pay the full bail amount. However, revoking bail isn't something to do lightly. It's important to understand the process and the potential costs to you, and following the right steps is a must if you want to protect yourself. You'll need to consider everything carefully before deciding whether revoking bail is the right decision.
Who Can Revoke a Bond?
If you have posted bail using a bail bond, revoking bail will mean taking back the bond too. A bail bond can be revoked by a cosigner, the courts, or the bail bond company itself. If the court or bail bond company revokes the bond, it can also remove your responsibility as the cosigner. There are several reasons either the court or bail bond company might revoke the bond, including the defendant engaging in illegal activities, showing signs they are a flight risk, and refusing to wear a GPS tracker.
Understanding Revoked Bail: What Does It Mean?
When bail is revoked, it means the defendant can no longer be released from jail or remain at home until their court date; instead, they have to remain in jail, or be returned to jail, until their trial begins. If the bail conditions remain in place but you choose to revoke your cash bail or bail bond, the defendant will have to begin the pretrial process again. For a cosigner, this can remove much of the risk you take on, since you may otherwise risk collateral or money in the future if the person you're vouching for doesn't follow the conditions of their bail. However, choosing to revoke a bail bond can also come at a financial cost — if the bail bond company needs to use bounty hunters to find the defendant, this could add expense. To avoid that, you could wait until the defendant is back in custody.
Revoking a Bond: How Does It Work?
There are several steps to follow if you want to revoke the bail you posted for someone else. First, inform the defendant of your intentions — there could be an agreement you can work out if you're willing to help them stay out of jail. However, if you choose to revoke bail, your next step is to contact the answering service for the bail bond company, who will let the courts know. You can also help by letting the courts know where to find the defendant so they can be re-arrested.
Revoke Bond and Get Your Money Back: Is It Possible?
Naturally, you don't want to be out of pocket, especially if someone has already let you down. However, if you used a bail bond, you won't get your money back from the bail bond company, and there's also the possibility of additional fees. If you put the whole bail amount up in cash, you can get your money back, but it will be minus some court fees.
Revoked Bail: What Happens Next?
Whether revocation is done by the courts, the bail bond company, or you as a cosigner, several things happen next. Because the bail amount is no longer being paid, the defendant must return to jail — either voluntarily or by re-arrest, and sometimes this means the bail bond company sends bail enforcement agents (bounty hunters) to find them. If the bail conditions set by the courts are still in place but the bail amount has been revoked, the defendant can go through the pretrial process again and find another way to post bail. However, if a judge has decided to revoke bail, the defendant will need to remain in jail until their trial. The courts will remove bail if the defendant is seen as a flight risk or is engaging in criminal activity. If you regret posting bail for someone else, you do have the option to revoke it, but it's important to consider that there could be some extra costs to you before you make a decision.