When you get in trouble on bond, also known as violating your bail conditions, you face serious consequences that can impact your freedom and legal case. Primarily, you risk being re-arrested and held without bond, and the money or property put up for your release may be forfeited.
Understanding Bond Violations
Bond, or bail, is a set of conditions that allow you to remain out of custody while awaiting trial. These conditions are set by the court and typically include requirements like appearing at all scheduled court dates, not committing new crimes, and avoiding contact with victims or witnesses. Failing to adhere to any of these conditions constitutes a bond violation. Common violations include:
- Failure to Appear (FTA): Not showing up for a scheduled court hearing.
- Committing a New Crime: Being arrested for any new criminal offense.
- Violating a Protective Order: Contacting someone you're forbidden to approach.
- Failing a Drug Test: If sobriety was a condition of your release.
- Leaving Jurisdiction: Traveling outside of a permitted area without court approval.
Immediate Consequences
If the court or law enforcement discovers a bond violation, several immediate actions can be taken:
- Re-arrest and Detention: A warrant may be issued for your arrest, and you will likely be taken back into custody. The court may then decide to hold you without the possibility of bail, meaning you will remain in jail until your case is resolved.
- Bond Forfeiture: The bail bond amount, whether it was cash bail, a property bond, or secured through a bail bond agent, may be forfeited. This means the money is lost, and if you used a bail bond agent, you or your co-signer would still be responsible for the full bail amount they guaranteed.
Stricter Release Conditions
Even if you are not immediately held without bond, the court is likely to impose significantly stricter release conditions if you are granted bail again. These new conditions are designed to ensure compliance and may be much more restrictive than your initial terms. Examples of stricter conditions include:
- Travel Restrictions: Courts may specifically forbid you from traveling outside of a particular geographic area, such as your county or state. For instance, you might be prohibited from traveling out of California if your case is within that state.
- Electronic Monitoring: To track your whereabouts and ensure you adhere to geographical restrictions, courts may require you to wear an electronic ankle bracelet.
- Increased Drug/Alcohol Testing: More frequent or mandatory testing if substance use was a factor in your original charges.
- House Arrest: In some cases, you may be confined to your home, with exceptions only for court appearances, medical emergencies, or approved work.
Additional Legal Ramifications
Beyond immediate re-arrest and changes to your bail, violating bond can have long-term impacts on your case:
- New Criminal Charges: Depending on the nature of the violation, you could face new criminal charges. For instance, a failure to appear (FTA) is often a separate misdemeanor or felony offense.
- Negative Impact on Your Original Case: A bond violation signals to the court that you are not trustworthy or willing to abide by legal orders. This can severely damage your credibility and make it harder for your attorney to negotiate a favorable plea bargain or achieve a positive outcome at trial. Judges may be less lenient during sentencing if you are found guilty.
Summary of Consequences
| Consequence | Description |
|---|---|
| Re-arrest | You will likely be taken back into custody, potentially without the option for a new bond. |
| Bond Forfeiture | The bail money or collateral put up for your release may be permanently lost. |
| Stricter Conditions | New, more restrictive bail terms, such as travel bans or electronic monitoring. |
| New Charges | You may face additional criminal charges (e.g., for failure to appear or violating a protective order). |
| Impact on Original Case | Your legal case's outcome could be negatively affected, including plea offers and sentencing. |
Steps to Take if You've Violated Bond
If you find yourself in a situation where you've violated your bond conditions, it is crucial to:
- Contact Your Attorney Immediately: Your lawyer can advise you on the best course of action, explain the potential consequences, and represent you in court.
- Appear in Court: If a new court date is set or you are aware of a warrant, it is often in your best interest to appear voluntarily with your attorney. This demonstrates a willingness to address the issue.
Violating bond is a serious matter with significant repercussions. Understanding these consequences is vital for anyone released on bail.
