Posting bail or bond is not a one way ticket out of jail as there are issues that may arise causing bail or bond to be revoked and the defendant being brought back into custody prior to any court proceedings.
When someone is arrested in Utah, they are often given the option to post bail. Bail is financial collateral given to the courts to ensure that the defendant will show up for all required legal proceedings. The defendant can take care of the bail amount on their own or they may pay a nonrefundable percentage of the amount to a surety. A surety is someone such as a bail bond agency who agrees to be responsible for the bail amount on behalf of the defendant. Once bail or a bond from a bail bondsman is posted, the defendant is then allowed the freedom to return home and carry on with their employment and other daily activities while they await their day in court. There are rules pertinent to the bail that must be followed while the person is free and awaiting court however. Failure to follow these rules could result in the bail being revoked.
Failure to appear
There are several reasons why bail could be revoked. The most common cause is the individual not showing up for their court date. This is known as failure to appear or jumping bail. When the person arrested does not comply with the agreement to attend all court dates, their bail is then revoked and a bench warrant is issued for their arrest. Not only will law enforcement officers be on the lookout for bail jumpers, but if a bail bond agency was used, a bondsman will make an effort to personally find and bring a defendant back into custody as well. Once the person is re-arrested, their bail is either set higher or the judge may not let bail be an option at all.
Revoked bail or bond
While failure to appear is the most common cause of revoked bail or bond, there are other reasons why bail could be revoked, even if the individual attends all their scheduled court dates. These reasons include:
• Being arrested on another charge. If someone gets caught breaking the law while out on bail, they could then face an entirely separate arrest. Not only may they face more criminal charges and the accompanying fines but their bail from the previous arrest will typically be revoked and those funds could be lost.
• Failure to obey court orders. When a judge issues a bail amount, he or she may also attach stipulations to the bail agreement such as obeying a protective order, not traveling out of state, passing drug tests, or refraining from contacting witnesses. If the individual out on bail fails to obey those orders, the judge may revoke the bond and the person may be brought back to jail.
• Motion to revoke bond. There are times when bail or bond is revoked even though the arrested individual has abided to all the terms of the bail agreement. If new information arises in a case or if the prosecution petitions the courts with a valid issue why the person on bail should be brought back into custody, the judge may then revoke the bail or bond and have the person return to jail.
Consult an attorney
Having bail revoked can result in the complete loss of bail monies, the return to police custody, and even additional criminal charges for failure to appear or going against court orders. For anyone facing a revoked bail or additional charges accrued from bail jumping, it is best they consult with a criminal defense attorney.