If your bond is revoked, can you get another one? Yes!
This article will explore what bail revocation means, the process of getting another bail bond after revocation, the risks and considerations for a second bond, and other things you need to know.
Understanding Bond Revocation
Bail revocation refers to the process by which a court withdraws the privilege of bail from a defendant. When a defendant is granted bail, they are released from custody on certain conditions. The court can revoke your bail bond for several reasons which may include:
Violation of Terms of the Bond Agreement
To ensure public safety or limit flight possibility, the court may impose certain restrictions on the defendant. These restrictions may include staying within a particular jurisdiction, not contacting specific individuals, or abstinence from certain drugs. Failure to comply with these terms could result in a revoked bond.
Committing Another Crime While on Bond
When a defendant is found guilty of another crime while on bail bond, the court may consider them a danger to the community, and therefore may no longer recognize their right to bail (or bond). The additional charges may also lead to harsher sentences and other legal complications.
Failing to Appear in Court
The fundamental requirement for every defendant released on bond is to appear in court on scheduled dates. You’ll be held in contempt of court if you fail to make court appearance on a scheduled court date and the court may have your bail bond revoked.
Consequences of Bond Revocation
When your bail bond is revoked, the court issues a bench warrant to the law enforcement agents to arrest you and get you back into custody. Depending on the reasons behind your revoked bond such as failure to appear on a court date or committing another crime, the court may impose more severe penalties, fines, or both in your sentence.
Additionally, the court may not grant an appeal to lessen the severity of your sentence because the bond revoked proves your unwillingness to cooperate with the court and adhere to the legal process.
Factors Influencing the Chance of Obtaining a Second Bail Bond
There are certain factors that may influence the possibility or being eligible for bail a second time. These include include:
Nature and Seriousness of the Initial and Subsequent Offense
The court assesses your previous cases and the case that resulted in the bond revocation. If there is any evidence of severe violence or flight possibility, you may not be granted a second bond.
Previous Criminal History
If your criminal history suggests that you’re a repeat offender or once violated bail conditions, your chances of getting another bond would be low.
Defendant’s Ties to the Community
Strong ties to the community indicate lower flight risk, so they can improve your chance of getting another bond. Such ties may include employment, family connections, residence, and membership in social groups.
The opinion of the judge presiding over the case holds weight in determining the possibility of getting another bond. This does not imply that the judge has the right to override legal procedures and standards. However, following the assessment of the unique context of the case, and the defendant’s behavior, the judge’s discretion may prevail.
Step-by-Step Process of Getting Another Bond After Revocation
Step 1: Consult with an Attorney
Without proper consultation with an experienced attorney, you lower the chances of obtaining another bail bond even the more. Seek the help of an experienced criminal defense attorney as they can provide you with legal guidance unique to your case so you can navigate the legal process effectively.
Step 2: Prepare to Present a Strong Case in Court
The attorney helps you build a strong defense. This involves gathering relevant evidence and references or identifying any factor that can mitigate your case and bolster your request for a second chance.
Supporting evidence may include ties to the community, unexpected changes in circumstances such as loss of job, health issues, accidents, and other emergencies. The attorney also has the right to subpoena individuals who may have positive testimonies or documents to support your claim.
Listen to your attorney’s directives and follow them diligently. Also, be open and transparent in your communication as this would help the attorney craft an effective defense strategy for your case.
Step 3: Understand and be prepared to adhere strictly to new bond conditions if granted
Getting another bond after a second chance is difficult. Moreover, the bond money would be high and it’d be hard to find a bail bondsman willing to take such risk.
Note that the second bond will likely come with harsher conditions such as electronic monitoring, mandatory check-ins, and others. Ensure you understand these conditions and demonstrate to the court that you’re willing to comply without fail.
Risks and Considerations for Second Bail Bonds
Higher Bond Amount
Violation of bond conditions directly impacts the defendant’s perceived risk level such as flight or danger to the public. To mitigate these risks, the court may impose a bond amount significantly higher than the previous one.
In such cases, it may be difficult to engage a bail bondsman. Also, the defendant may need to surrender their valuables or properties as collateral or risk spending the rest of their trial period in custody.
Stricter Bond Conditions
Apart from imposing higher amounts, the court may also introduce stricter conditions like curfews, electronic monitoring, travel restrictions, or mandatory check-ins. This is to enforce compliance with the relevant legal process, ensure public safety, and reduce flight risks.
Perception in the Eyes of the Court
Violation of the first bond conditions may casue the court to consider you unreliable and unwilling to follow the court order. Moreover, violation of bonds is tantamount to betraying the trust the court placed in you.
While pursuing a second bond, you’ll incur several expenses such as attorney fees, court fees, and other expenses that come with evidence gathering. Also, you’ll surrender another valuable as collateral and that’s more financial pressure on you.
Ex-Trump lawyer, Michael Cohen was sentenced to 3 years in prison following his guilty pleas for violation of campaign finance laws and tax fraud. Due to the COVID-19 pandemic, he was placed in house confinement on $500,000 bond.
Months later, Cohen was found engaging in media communications which is a violation of the bond terms. This led to his arrest and return to the prison. Following Cohen’s argument that the media ban violates his First Amendment right, he reached a new bond condition agreement with the court and was subsequently released into home confinement.
Alternatives to Securing a Second Bond
The process of securing a second bond is costly and depending on the nature of the case and individual circumstances, the court may not grant you a second chance. Nevertheless, there are other alternatives you can try. They include:
Pre-trial Service Program
Some jurisdictions run pretrial service programs where the defendant receives support and supervision to assess their flight risks and degree of threat to the community. Based on their assessment, the pretrial program may recommend the release of the defendant and suggest the appropriate condition for the release. This ensures the release of the individual while still addressing flight and public safety concerns.
In electronic monitoring, the defendant wears a GPS ankle or wrist bracelet that tracks their location and also monitors their adherence to specific conditions. Many electronic monitoring devices come with a tamper detection feature which alerts the authority when the device is removed or tampered with. The device also generates alerts for boundary violations, prompting authorities to take appropriate action.
Here, you confine your movements to your residence during your trial period. Except you’re working remotely, this option may not be appropriate as you may lose your job, but you can still maintain ties with your family and friends.
Seeking a Plea Deal or Alternative Sentencing
You may seek a plea deal in place of pursuing a second bond. This involves a negotiation with the prosecution where you agree to plead guilty or no contest in exchange for a lesser sentence. Depending on the nature of the case, the prosecution may offer alternative sentencing such as rehabilitation, diversion programs, or any other alternative to conventional detention.
Seeking a second bond is a complex process and involves risks such as higher bail bonds amounts and harsher bond conditions. Worst still, the court may not grant you a second chance especially if you pose a flight risk or threat to the community considering your subsequent violation. It’s highly crucial to adhere to bond conditions to avoid legal complications and ensure a fair trial.
Looking for affordable bond services to secure yourself or a loved one from detention? Here at Connecticut Bail Bonds, we have experienced bail bond professionals across the state of Connecticut ready to attend to your bond needs. We offer help with drug crime, immigration, DUIs, larceny and theft, and assault bail bonds. Contact us now for a free consultation.