If your bond is revoked can you get another one
If you broke your bail conditions, you were most likely arrested and handed over to the cops. Your bail was subsequently cancelled by the court, and you forfeited your bond. You’ll have to purchase a new bond unless the bond business agrees to restore it. You may acquire a new bail bond in the same way you got your previous one: call a bail bondsman and discuss your options.
Finding a Bondsman
1. Check to see whether a bail bondsman is permitted to operate in your state. Some states have made it illegal to work as a private bondsman. You’ll have to find another means to post bail if you reside in a state where bondsmen are prohibited. Fortunately, you are more likely to be able to pay a portion of bail and be freed in such states. Private bondsmen are prohibited in the following states:
2. Understand how bail bond costs operate. A bail bondsman posts your bond with the court, allowing you to be freed from custody while you await your trial. The bail bondsman will charge you a nonrefundable fee in exchange for posting bail for you. In essence, a bail bond is a contract between the government and the bondsman. The government will collect the bail sum from the bondsman if you fail to appear in court.
- In most cases, you will be charged a cost of 10% of the entire bond amount. If your bail is $20,000, for example, the bondsman will charge you $2,000 to post the whole amount on your behalf. The bondsman will lose $18,000 if you fail to show. The bondsman will then go after you, as well as any co-signors, to recuperate their losses.
3. Online, you may look for a bail bondsman. You may get a second bond in the same manner that you obtained your first. First and foremost, you must locate a bail bondsman. You may search internet databases such as the ones listed below:
4. Find a bondsman with the help of friends or relatives. If you’ve just been arrested and incarcerated, finding a bondsman on your own is likely to be tough. You should contact your friends or relatives and request that they locate a bondsman for you.
- Bail bondsmen often have offices near the prison or police station. You may invite a friend or family member to come in and converse with them.
5. Verify that the bail bondsman has a valid license. Working with a qualified bail bondsman is the only way to go. Bail bondsmen are usually licensed by the Department of Insurance in their respective states. You may get a registration number from any agency.
- Make a note of the phone number and double-check if the agent is legitimate. You may typically find out by going to your state’s Department of Insurance website and using the “Look Up” tool.
6. Examine the feedback. You should do some prior investigation to ensure that the bond agency is reliable. You may check with your local Better Business Bureau (BBB) to discover if there have been any complaints made.
7. Get in touch with a bail bondsman. You may contact the bondsman and explain your desire to get a bond. Explain that your previous bond was canceled and answer any queries the bondsman may have. You should also talk about the following points:
- Whether you plan to pay the charge all at once or in regular payments.
- Is there going to be an interest charge? If that’s the case, find out how much it costs and how it’s calculated.
- Whether or not you’ll need to put up collateral. On your first bond, you may not have put anything up as security. A bond agent, on the other hand, may request collateral for the second. The property you promise to secure the bond is referred to as “collateral.” If you break the conditions of your bail, the bondsman must pay the whole sum of the bond into court. He or she may then seize your collateral in exchange.
- When a bondsman closes on collateral, he or she waits a certain amount of time. If you don’t follow the bail terms, the bondsman might foreclose on the collateral. Find out how much time you have left until the property is sold.
- The manner in which the bond agent sends receipts and other forms of payment evidence.
8. Determine when the bondsman will release you. If you breach any provision of your bail arrangement, the bondsman has the power to take you into custody and turn you over to the police. Some bondsmen, on the other hand, will only throw you in prison if the court revokes your bail. You should inquire about the bondsman’s experience.
- Avoid any bondsman who will take you into jail for small infractions, such as neglecting to phone them on a certain day. This kind of bail bondsman can end up costing you more than they’re worth.
9. Before you sign the contract, read it well. When you discover a bail bondsman you wish to deal with, they will provide you with a formal contract outlining the conditions of the relationship. Before you sign this contract, make sure you read it well and understand it. Bail contracts may be quite severe on customers, so be sure you’re prepared to stick to the conditions. The contract will typically state:
- How should the nonrefundable charge be paid? (e.g., one upfront fee or monthly payments)
- If any interest will be added to your regular payments
- If you need to put up collateral (e.g., your home)
- If you have a co-signor, who is he or she?
- Any additional terms imposed by the bondsman in exchange for posting bail on your behalf
Getting Another Bond
1. Determine the bail options accessible to you. Bail will be handled differently by various courts. While many courts will allow you to hire a bondsman or post cash bail on your own, some courts will not. Some courts, for example, may enable you to post a percentage bond, which requires you to pay around 10% of the whole bond amount. Other courts will let you use real estate as a kind of collateral to secure your release. In this situation, you will put your property up as collateral, and if you do not appear in court, the court may seize your property.
- You may file a written pledge to appear in court in a few courts. If you fail to keep this pledge, you will be charged with the entire sum of bail. You will not be required to pay anything if you attend all of your court sessions. An unsecured bond is what it’s called.
2. Before you sign your contract, make sure you read it well. A list of “conditions,” or things you must accomplish, is included in your bail. These terms are imposed by the court, but they may also be specified by the bondsman’s contract. You should carefully study your contract to ensure that you are aware of all of the terms.
- Following drug or alcohol treatment programs
- Staying with school or a job
- Reporting to the bail bondsman on a regular basis are all common requirements.
3. Pay your charge once again. If you are freed on bail for the second time, you must pay the second bond charge. For instance, if your first bail bond was $20,000, you most likely paid $2,000 for it. You will have to pay an extra $2,000 if your second bond is $20,000.
- You will not get a reimbursement for the fee you paid for your cancelled bond. Since a result, you may wish to attempt to get the original bond restored, as this may save you money.
4. If required, get a cosigner. It’s possible that you won’t be able to pay the bail charge on your own. You’ll need someone to cosign for you in this case. The cosigner is also financially accountable on the bond contract and is responsible for assisting the bond agent in locating you if you skip a court appearance.
Reinstating a Bail Bond
1. Inquire with the bond agent about the possibility of the bond being reinstated. When a bond is cancelled, you usually need the bondsman’s consent to reestablish it. You should contact the bond firm to see whether the bond may be restored. Renewing the original bond rather than purchasing a new one might save you a lot of money.
- If you skipped a court date or broke another term of your parole, you should have notified your bandleader right once.
- If you did, the bond firm may be prepared to restore the bond if you are truthful and not attempting to flee the country.
2. Determine the grounds for your reinstatement. You may have broken your bail conditions, but not all of them are significant. If you have a good cause for breaking your release terms, the court and your bondsman could agree to restore you. The following are valid reasons:
- Your infraction was unintended. A medical emergency, for example, may have prevented you from attending a court hearing.
- You had no idea you were breaking your bail conditions. For example, you may have failed a drug test because you were using a legitimate prescription medication.
- You were apprehended at no expense to the government. If you handed yourself in, the government hasn’t spent any time or money trying to locate you.
- The administration hasn’t been swayed by your transgression.
3. Obtain a court document. Your court may have produced “fill in the blank” paperwork that you may use to seek the judge to overturn any bail forfeiture and restore it. Request the form from the court clerk. These forms are sometimes made available on the court’s website.
- Often, the bond firm will be required to sign a paper authorizing the bond to be reinstated. The form should be obtained from the court.
4. Make a motion of your own. If there isn’t a form for seeking reinstatement, you’ll have to create one. Because you are in prison, the bail firm may be prepared to write and submit the motion for you. Make contact with the bond agent and come to an arrangement. The following should be included in a valid motion:
- The information in the caption. The court’s name, the parties’ names (the state and you as the “defendant”), and the case number are all listed here.
- This is a legitimate title. “Move to Set Aside Notice of Forfeiture and Reinstate the Bond” is a common title for this motion.
- A motion to vacate the forfeiture and re-establish the bond. You should find out when your bond was forfeited and seek for it to be restored. Give your reasons for wanting to be reinstated.
- The bail bondsman’s signature and a statement stating that they consent to the reinstatement.
- A certificate of service detailing how the motion was delivered to the prosecutor.
- The motion should be formatted properly so that it is simple to read (e.g., 14-point font, double-spaced, with one-inch margins).
5. The motion or form must be filed with the court. Your move should be repeated multiple times. The original should be filed with the court clerk. You may be required to pay a charge to get your bond reissued. Ask for a fee waiver if you can’t afford it.
- If the motion was written by the bail bondsman, he or she may submit it. Make a request for a copy.
- Because you are in prison, you will most likely have to send the motion to the court if you wrote it.
6. Make a copy for the prosecutor. A copy of your application to reestablish bail must usually be sent to the prosecution. You may usually submit a copy of the document to the prosecution, who will have the opportunity to challenge your request to reestablish the bail bond.
7. Participate at a hearing. A judge may convene a hearing to determine whether your bail bond may be reinstated. You may be questioned by the judge. Always provide honest answers and avoid interrupting the judge. Always address a judge as “Your Honor.”
- If the judge decides that bail should be reinstated, he or she will issue an order to that effect. A copy of the order should be obtained.