Blog

When you learn of a loved one's or friend's arrest and detention, you can cosign a bail bond for them to secure a release pending trial. As a co-signer, you are responsible for paying all the costs associated with the bail bonds. A bail violation by a defendant will make you liable for the entire bail amount and cause you to lose the collateral.

If you lose trust in the defendant's ability to follow the bail conditions or they attempt to flee, you can take your name off their bail bonds. Doing this results in the bail bond revocation and the defendant's return to custody. If you decide to revoke a bail bond, you must follow the proper procedures with the surety company that posted the bond.

You must hire a reliable bail bonds company when you seek a bail bond for another person. The right surety company will ensure that you understand your responsibilities and know how to invoke the bond.

The Process of Getting Your Name Off a Bail Bond

When you cosign a bail bond for another person, you sign the bond agreement and accept all the responsibilities of their release. Removing your name from the bail bond agreement results in revoking the bond. Revoking a bail bond is a complex but sometimes necessary process.

It upholds the integrity of the judicial system and ensures public safety. Additionally, it protects a co-signer from the financial losses of a potential bail bond forfeiture. Regardless of the reason you choose to take your name off the bail bond, the proper procedures must be followed. Understanding and following the right steps helps ensure your protection in the process.

Contact the Bail Bondsman

Local surety companies offer bail bond services for defendants in California. You revoke a bail bond by taking your name off the agreement you signed with the bail bond service. Therefore, the first step towards the revocation is contacting the surety company that helped you to post bail.

Most bail bond companies have procedures in place for handling revocation requests. In most cases, they will require the co-signer to complete a formal request or revocation form. The document will ask for detailed information about the situation, including the reason for revocation. Additionally, the bondsman may require you to present supporting evidence.

Surety companies are not obligated to take your name off a bail bond upon request. They must evaluate the circumstances to determine whether revocation is appropriate. Whether you can revoke the bond depends on the terms of the bond agreement and applicable state law.

Provide a Justification for Revocation

Surety companies allow you to read through a bail bond agreement before signing it. Therefore, revoking the bail bond or removing your name from the bond is not easy. Bail bond companies and courts require a valid and compelling reason for initiating a revocation. However, there are several valid reasons why you may choose to take this step. They include:

• The Defendant Becomes a Flight Risk

Before co-signing a bail bond for someone, you must ensure they are not a flight risk. If the person flees, you will be responsible for the full bail amount. A person's employment status or the presence of family in the jurisdiction can help you determine whether they are a flight risk.

A primary reason you can revoke a bail bond is if the defendant becomes a flight risk. If there is a credible indication that the defendant plans to skip town, you can contact the surety company to revoke their bond.

Shouldering liability for the entire bail after a forfeiture can take a toll on your financial life. Therefore, you should not ignore any signs of potential flight by the defendant. Increased flight risk is a valid ground for immediate revocation. However, you must present the evidence of behavior change or explicit statements to the surety company.

• Violation of Bail Conditions

The court sets specific conditions that the defendant must follow. They include:

Restrictions like avoiding contact with victims or witnesses

• Abstaining from drug or alcohol use
• Remaining within a particular geographic area
• Attending scheduled check-ins with a bail agent or law enforcement
• Adhering to curfews.
• Avoiding further criminal conduct

As a bail bond co-signer, you must ensure that the defendant follows these conditions. You can revoke the bail bond by signing your name off the agreement if the defendant violates the bail conditions. The violations can jeopardize the defendant's freedom and increase your risk of financial loss.

• New Criminal Activity

A common condition of bail is to avoid further criminal activity after release. You can revoke the bail bond if you suspect the defendant is involved in criminal acts. An arrest for an additional offense could result in bail forfeiture and increased financial responsibility. Revoking the bail bond will save you from financial losses and can protect others from potential crimes.

• Mental Health or Substance Abuse Issues

Sometimes, a defendant’s mental health may deteriorate, or substance abuse problems may emerge after a bail release. Mental health and substance abuse issues can cause a defendant's inability to function reliably. Under these circumstances, they can skip trials, resulting in financial losses.

You can revoke the bail bond if the defendant becomes a danger to themselves or others. Courts take drug use and mental health issues seriously. A bail bond revocation under these circumstances may even result in the defendant receiving the needed help.

• Breakdown in Trust or Relationship

Most people co-sign a bail bond for individuals with an existing relationship. As a co-signer, you believe the defendant will honor the bail conditions to protect you from financial losses. If your relationship with the defendant breaks, you may no longer feel comfortable remaining their co-signer.

A strained relationship could stem from disrespect or betrayal by the defendant. You can revoke the bond if you feel overwhelmed with your co-signer role.

Locate the Defendant

After approving and initiating the bail bond revocation, the next step is to find the defendant. Mainly, you want to revoke a bail bond if the defendant shows signs of fleeing or violating the bail conditions. The surety company will enlist bounty hunting services if the defendant is not in custody.

Bounty hunters help find the defendant and take them back to court. Most bounty hunters are retired law enforcement officers and investigators with experience tracking and apprehending defendants.

These agents have the authority to detain and return the defendant to custody. Sometimes, the bounty hunters can enter a defendant’s residence without a warrant and arrest them. If there is evidence that the defendant might flee, their apprehension is a time-sensitive matter.

Surrendering to Authorities

Sometimes, a defendant may surrender to law enforcement instead of waiting for apprehension by a bounty hunter. Voluntary surrender is a more controlled and less confrontational process. The defendant can report directly to a police station, jail, or courthouse.

The court views voluntary surrender after a bail bond revocation more favorably. It can help the defendant convince the court to grant another bail.

Court Notification and Official Revocation

The final step to removing your name from a bail bond is notification of the court. The court receives a notice after the apprehension or voluntary surrender. The bail is formally revoked at this stage, and the defendant is no longer considered released on bond. The court may schedule a hearing to confirm the revocation.

At this hearing, a judge will discuss the implications for the defendant’s ongoing legal proceedings. The court will determine whether to set a new bail for the defense. If you revoke the bail bond due to a defendant's violation, the judge can deny any further bail or impose stricter release conditions.

Alternatives for Bail Bond Revocation

Revoking a bail bond is not always necessary, especially if you are doing it due to a strained relationship with the defendant. You can pursue several alternatives to ensure compliance while avoiding the harsh consequences of complete revocation. They include:

• Modifying the bail conditions. Instead of revoking the bail bond and signing off your name, you can request a modification of the bail conditions. These conditions help to address concerns about the defendant’s behavior or risk. Common changes include electronic monitoring or house arrest. These measures help ensure the defendant remains compliant while preserving their release.
• Transfer of responsibility. If your strained relationship with the defendant pushes you to sign your name off the bond, the surety company can allow a direct transfer of liability. In this case, another person can be financially responsible for the defendant’s appearance. You must obtain court approval to transfer bail bond liability. Additionally, the new indemnitor must meet specific qualifications.
• Counseling or treatment. You can revoke a bail bond if the defendant has mental health or substance abuse issues. However, you can seek counseling or rehabilitation for the defendant instead of revoking the bond. Admission to a treatment or counseling program allows the defendant to receive the help they need while remaining out of detention.

What Happens After Taking Your Name Off of Someone's Bail Bond?

Cosigning a bail bond for another person means your name will appear on the bond agreement. As a cosigner, you shoulder the liabilities associated with the release. Removing your name from a person's bail bonds results in a revocation of the bond. Bail bond revocation sets off a chain of legal and financial consequences for all involved parties. Revoking a bail bond will result in the following acts:

The Defendant Returns to Jail

Posting bail allows the defendant to remain out of custody pending trial. The immediate action after revoking the bond is the defendant's return to jail. After revocation, the surety company ensures the defendant returns to jail. If the defendant flees, the surety company can hire bounty hunters to find and arrest them.

Even after revoking the bond, you will shoulder the financial liability for the bounty hunting fees as the bail bond co-signer. Sometimes, the court may issue a bench warrant for the defendant. From that point, the defendant remains in jail until their court date unless a judge decides to grant bail again. If the revocation occurred due to a serious violation or risk of flight, the court may deny another bail.

Your Financial Liability to the Bond Ends

When you cosign a bail bond for a defendant, you shoulder all the financial liabilities of the release. They include:

• Paying the premium fees
• Providing collateral for the bail bond
• Paying the full bail amount if the defendant flees.
• Paying bounty hunting fees and other additional costs

Most cosigners revoke the bail bond to avoid these financial losses. The financial liability ends when your name is removed from the bail bond. Therefore, you can recover the collateral you provided. Additionally, you are no longer liable for the full amount.

However, the 10% premium paid to the bail bondsman is non-refundable. The fee is the cost of the service provided and is earned regardless of the outcome. Sometimes, surety companies allow you to enter a repayment plan for the bail bond premium. You must complete the payments if you revoke a bail bond while in the middle of a repayment plan.

If the revocation resulted from willful disobedience, missed court dates, or new criminal activity, the judge will set a high bail or deny it. The bail denial means the defendant will remain in custody while attending court proceedings.

Reassessment by the Court

When you revoke the bail bond, the court will reevaluate the defendant's status. Judges examine the reason for the revocation when deciding whether to offer bail again. The court may consider granting a new bail if the revocation stemmed from a minor misunderstanding or personal circumstances.

Legal and Emotional Considerations of Revoking a Bail Bond

The decision to take your name off someone's bail bonds is not just financial. It carries emotional and legal consequences that can affect the involved parties. The primary motivation for revoking a bail bond is to protect yourself from the financial losses of a defendant's failure to follow bail conditions. However, the issues surrounding such a decision can affect your emotional well-being. They include

Guilt and Moral Dilemmas

In most cases, you will co-sign a bail bond for a family member or a close friend. You may face guilt when considering or following through with revocation.

The emotional burden is hefty if the defendant is someone they care about. Taking your name off their bail bond may feel like a betrayal. Revoking the bail bond can lead to strained family relationships and resentment.

Legal Consequences for the Defendant

Bail revocation is a significant setback for a defendant. Courts may interpret the revocation as a sign of unreliability or noncompliance. It can lead to stricter bail terms in the future or bail denial for subsequent arrests. The defendant may also face additional charges or penalties if behaviors like skipping bail prompted the revocation.

Safety Concerns

Sometimes, bail bond revocation helps ensure the safety of all involved parties. If you believe that the defendant poses a risk to themselves or others, revoking the bond becomes a responsible decision. It helps prevent more serious consequences like harming others and additional criminal acts.

Social and Community Perception

Social stigma may also result from revoking bail. The defendant and the co-signer might be judged by their community, particularly in close-knit groups. Your actions as a cosigner are perceived as betraying a close friend or family member. On the other hand, the defendant can undergo scrutiny or lose the support of other friends and relatives.

Financial Pressure and Regret

You may experience a lingering regret and second-guess the bail revocation action. If the defendant is acquitted, the decision to revoke the bond may feel unnecessary. You may think you overreacted or did not give the defendant a fair chance.

What Happens if the Defendant Fails to Cooperate with the Revocation?

In addition to contacting the surety company with a request to remove your name from the bail bond, you must help the bondsman find the defendant. Removing your name from the bond agreement is more challenging if the defendant is not apprehended and returned to jail. Therefore, you must act promptly if you suspect the defendant could flee.

Find a Reliable Bail Bonds Company Near Me

When you cosign a bail bond for someone else, you trust them to appear in court for trial as scheduled. A violation of bail can result in severe financial consequences for you. Fortunately, you could remove your name from the person's bail bond by revoking it.

You could revoke the bail bond if the defendant becomes a flight risk or shows concerning behavior. To revoke a bail bond, you must contact the surety company that posted the bail bond and make the revocation request. After a successful bail bond revocation, the defendant is returned to custody awaiting trial and other court proceedings.

Revoking a bail bond ends your liability for the defendant's release. However, it can cause severe legal implications for the defendant, which include bail denial or a high bail for future offenses. At Justice Bail Bonds, we offer expert bail bond services for our clients in Temecula, CA. Call us at 714-541-1155 to discuss your case.