Here in the United States, bail is a legal right. In essence, the criminally accused have an absolute right to bail, so long as the custody time limits have expired and the court does not have a sufficient reason not to grant bail. Bail is in place because any American accused of committing a crime is presumed innocent until proven guilty in a court of law. In this way, the criminally accused should be allowed to regain their freedom prior to any court proceedings and after an initial arrest.
However, the right to bail may be revoked by the court. If a citizen abuses his or her right to bail, the court may revoke that right and the accused citizen will, once again, be arrested and incarcerated until their trial commences. The court may revoke bail rights for any of the following reasons:
An Additional Criminal Accusation
If you are arrested, released on bail, and arrested for an additional accused crime, you will have your bail right revoked. The court will hold you in jail until your court proceedings, and you will not have the right to regain your freedoms through bail. In addition, your bail bond will be forfeited to the court. Read further about bail bond forfeiture below.
In certain bail releases, the court will assign certain restrictions to the defendant. These restrictions can reduce the allowance to travel outside of the state, travel outside of the county, and use or carry a firearm, among others. You can learn further about some of the restrictions that can be placed by the court in cases of bail here. If you violate your bail restrictions during the period, you may be arrested and kept in police custody until your trial proceedings. Again, your bail bond will be forfeited to the court as well.
Forfeiting Bail Bonds Due to Violations
Issuing a bail bond is a trust that the court provides for criminally accused citizens. If a defendant violates the terms of a bail bond by violating bail restrictions or committing a crime, they forfeit their bail bond. In this instance the entire cost of bail is paid to the court. It will not be repaid. If a bail bondsman had been utilized to post bail, the bail bondsman may seize any property that was placed as collateral to gain the bail bond.
On top of the forfeiture of the bail bond amount, a bail violation can lead to additional fines and additional jail time added to any sentencing incurred after a trial. The courts frown upon bail infractions, and will punish and prosecute bail violators more harshly than those who use the bail system properly and legally.